NH · compiled 2026-07-17
New Hampshire late fee law
When a contract is silent, New Hampshire's legal interest rate is 10% per year (N.H. Rev. Stat. Ann. § 336:1 (verified at gc.nh.gov)). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
N.H. Rev. Stat. Ann. § 336:1 (verified at gc.nh.gov)10%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.
Two-part statute, verified on the official General Court site. RSA 336:1, I: the annual rate of interest 'in all business transactions in which interest is paid or secured, unless otherwise agreed upon in writing, shall equal 10 percent' - this 10% is the default when a B2B contract is silent. RSA 336:1, II is the formula-based judgment/prejudgment rate: the prevailing discount rate on 26-week U.S. Treasury bills at the last auction preceding the last day of September, plus 2 percentage points, rounded to the nearest tenth, determined annually by the state treasurer and effective each Jan 1–Dec 31.
Agreed (contract) rates and caps
N.H. Rev. Stat. Ann. § 336:1, IThe 10% default applies only 'unless otherwise agreed upon in writing,' so parties may contract for a different rate. New Hampshire has no general usury ceiling applicable to commercial/B2B transactions (specialty consumer-lending statutes aside) - but this absence-of-cap point was not verified against a specific statute this session; verify with counsel.
Prompt payment act
none-found
New Hampshire is repeatedly identified as the only state with no prompt-payment statute even for public construction projects, and it has no private-construction or general commercial prompt-payment act. Payment timing and late-payment interest are governed by contract terms, common law, and the UCC; contractors rely on mechanic's liens (RSA 447) and breach-of-contract remedies for leverage.
Late-fee notes
No statute specific to flat late fees on commercial invoices was found; agreed late fees are enforceable subject to the liquidated-damages/penalty doctrine. Note that absent any agreement, the RSA 336:1, I default of 10% interest is available on overdue business obligations.
Compute a late fee on a real invoice under New Hampshire context, derivation shown, citation alongside.
Calculator, prefilled for NHSources for this entry
- https://gc.nh.gov/rsa/html/xxxi/336/336-1.htm
- https://law.justia.com/codes/new-hampshire/title-xxxi/chapter-336/section-336-1/
- https://www.levelset.com/prompt-payment/new-hampshire-prompt-payment-faqs/
- https://www.huschblackwell.com/new-hampshire-state-by-state-summary-of-prompt-payment
- https://www.nhconstructionlaw.com/blog/47-does-new-hampshire-need-a-prompt-pay-statute
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 New Hampshire?
Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.