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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.

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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, I

The 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 NH

Sources for this entry

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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