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PA · compiled 2026-07-17

Pennsylvania late fee law

When a contract is silent, Pennsylvania's legal interest rate is 6% per year (41 P.S. § 202). The details, including what you may agree to instead, are below with citations.

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Default rate when the contract is silent

41 P.S. § 202

6%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.

6% per annum: any reference to the 'legal rate of interest,' and any documented obligation to pay 'with interest' without a specified rate, is construed as 6% per annum (Loan Interest and Protection Law, Act 6 of 1974). Exact text verified via FindLaw's reproduction and corroborated by the official PA General Assembly act listing (official site was unreachable for direct fetch).

Agreed (contract) rates and caps

41 P.S. §§ 201, 202 (Act 6 of 1974)

Parties may contract for a higher rate; Act 6's 6% usury ceiling (41 P.S. § 201) applies principally to loans of $50,000 or less that are not otherwise exempt - business loans and corporate borrowers are generally outside the cap and may agree to market rates. Not verified against official § 201 text; verify exemption details with counsel.

Prompt payment act

73 P.S. § 501 et seq. (CASPA); 62 Pa.C.S. §§ 3931–3939

public+private-construction

CASPA (73 P.S. § 501 et seq.) covers private non-residential construction (and residential over 6 units): owners must pay contractors per contract terms, contractors must pay subcontractors within 14 days of receiving payment; wrongful nonpayment carries interest of 1% per month plus a penalty of 1% per month plus attorney fees. Public contracts: Commonwealth Procurement Code prompt-payment provisions (62 Pa.C.S. § 3931 et seq.) require timely progress payments with interest at the rate the Secretary of Revenue sets for overdue taxes. No general private commercial (non-construction) prompt-payment statute.

Late-fee notes

CASPA's interest/penalty provisions cannot be effectively waived in most respects (2018 amendments strengthened anti-waiver protections). Outside construction, flat late fees on commercial invoices follow ordinary liquidated-damages/penalty doctrine - enforceable if agreed and reasonable. Verify with counsel.

Compute a late fee on a real invoice under Pennsylvania context, derivation shown, citation alongside.

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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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