MD · compiled 2026-07-17
Maryland late fee law
When a contract is silent, Maryland's legal interest rate is 6% per year (Md. Const. art. III, § 57; Md. Code, Com. Law § 12-102). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
Md. Const. art. III, § 57; Md. Code, Com. Law § 12-1026%per year
Attaches to the debt by operation of law when you agreed no rate, so it accrues before any lawsuit and can be stated on a demand letter.
The Maryland Constitution provides that 'the Legal Rate of Interest shall be Six per cent per annum, unless otherwise provided by the General Assembly' (art. III, § 57), and Commercial Law § 12-102 implements it: except as otherwise provided by law, a person may not charge interest in excess of an effective rate of simple interest of 6% per annum on the unpaid principal balance of a loan. § 12-102 text verified on the official mgaleg.maryland.gov statute database; the constitutional provision corroborated via Justia's Maryland Constitution text and a Maryland Judiciary (mdcourts.gov) opinion headnote.
Agreed (contract) rates and caps
Md. Code, Com. Law § 12-103Yes. Com. Law § 12-103 permits higher rates: up to 8% simple interest under a written agreement signed by the borrower, and up to 18% (secured/unsecured non-savings collateral) or 24% (loans on or after July 1, 1982 meeting statutory conditions) in specified cases. Critically for B2B, Maryland usury limits effectively do not apply where the borrower is a corporation, or to commercial loans exceeding $15,000 not secured by residential real property, or commercial loans exceeding $75,000 secured by residential real property - such loans may bear any agreed rate.
Prompt payment act
Md. Code, State Fin. & Proc. §§ 15-101 to 15-105; Md. Code, Real Prop. §§ 9-301 to 9-305public+private-construction
Public procurement: units must pay contractors within 30 days of the later of the contract due date or receipt of a proper invoice, and interest accrues at 9% per annum on undisputed amounts unpaid more than 45 days after invoice receipt (Md. Code, State Fin. & Proc. §§ 15-101 to 15-105; COMAR 21.07.01.18). Private construction: the Maryland construction prompt-pay provisions (Real Prop. §§ 9-301 to 9-305) require payment of undisputed amounts within 7 days of contract payment dates (or within 30 days of occupancy/possession if no dates set) and 7-day pass-through to subcontractors; they set payment deadlines but no special statutory penalty interest rate was verified for the private act. No act covering ordinary non-construction private commercial invoices was found.
Late-fee notes
No distinctive Maryland statute on flat late fees for commercial (non-consumer) invoices was found; the default rule applies - agreed late fees are enforceable if reasonable liquidated damages, not penalties. Interest-style finance charges on B2B accounts benefit from the § 12-103 corporate/commercial usury exemptions; charges to consumers are separately and strictly regulated.
Compute a late fee on a real invoice under Maryland context, derivation shown, citation alongside.
Calculator, prefilled for MDSources for this entry
- https://law.justia.com/constitution/maryland/article-iii/section-57/
- https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl§ion=12-102&enactments=False&archived=False
- https://law.justia.com/codes/maryland/commercial-law/title-12/subtitle-1/section-12-103/
- https://www.mdcourts.gov/data/opinions/cosa/2004/957s03.pdf
- https://www.law.cornell.edu/regulations/maryland/COMAR-21-07-01-18
- https://codes.findlaw.com/md/state-finance-and-procurement/md-code-state-fin-and-proc-sect-15-103/
- https://law.justia.com/codes/maryland/real-property/title-9/subtitle-3/section-9-302/
- https://www.levelset.com/prompt-payment/maryland-prompt-payment-faqs/
Not legal advice
Informational summary of state and federal statutes as researched on the sources listed per entry; not legal advice - verify current law with licensed counsel before relying on any rate or citation.
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Chasing invoices in Maryland?
Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.