Legal Question in Business Law in New York

Interest vs Late Fees

My girlfriend has her own drafting company

Awhile back she contracted several drafting jobs from another company and has had a hard time collecting her money. On her invoices it clearly states that there is a $25.00 late fee if not paid in thirty days. This has gone on for months now. So she has filed a claim in small claims court. My question is Are late fees different from interest fees and is there anything illegal about charging late fees like this.


Asked on 10/14/97, 12:30 pm

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

interest vs. late fees

she shold be quite careful about how she charges late fees. If the $25 is a substantial portion of the job, a clever attorney like us here would accuse her of violating the usury laws and try to get the whole bill nullified. Better to charge interest at the legal annual rate.

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Answered on 10/28/97, 7:19 am


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