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What is the maximum amount of late fee that you are allowed to charge on a past due invoice for service in Maryland?
Anonymous7 views3 answers
We want to charge a $50 late fee for past due invoices. And how many times can you charge it? Customer invoice for service in Dec and did not pay now until Oct. Can we charge $50 per month. Also the received a different invoice in Jan. that has not been paid. So can we charge then for Dec invoice $500 late fee ($50 x 10 months) and Jan late fees $450 ($50 x 9 months) for a total of $950 in late fees or are we only allowed to charge $500 total because in Jan the Dec invoice had not been paid?
This situation sounds like it is a business to business (or business to consumer) issue. As such, there probably isn't a late fee regulation specific to your circumstances. You tend to see late fee restrictions in the landlord/tenant, mortgage lending, and consumer lending fields. In general, late fees have to be reasonable and effectively estimate the cost to the business of a customer paying late. Outside the arenas where late fees are regulated, late fees are a matter of contract law. That means, both sides, you and the customer must agree, ahead of service, that a late fee can be charged.
General rules for late fees are these.
1. Before any service is rendered, the possibility of a late fee should be disclosed. Having a late fee provision on an invoice after services have been rendered opens you up to some risk that, push comes to shove, a court would deny the late fee because the buyer did not have notice that such a late fee could be charged and therefore did not agree to it (no contract for a late fee). So, what ever agreement or bid you provide to customers prior to starting services should mention a late fee and specify the terms.
Even worse, it sounds like you want to add a late fee after the fact. It sounds like you don't have consent of the customer to charge a late fee, nor was the possibility of a late fee even disclosed on the subsequent invoice. What you are doing is trying to punish this customer by adding a late after the fact when the possibility of a late fee and its terms was never disclosed; few if any courts will go along that.
2. Generally, you only get one late fee. Now again, if you disclose ahead of time that the late fee will be charged for each month the customer doesn't pay, that is probably okay so long as the amount of the late fee is reasonable. However, here the answer depends on what sort of business you run. For example, web hosting is a monthly service. In that context, the service provider only gets 1 late fee per monthly invoice. They don't get to keep adding late fees for each month. However, if the business is a one off service, like a plumber, they can probably get away with a late fee that can be added for each month the customer doesn't pay. But again, the possibility of a late fee and the terms of the late fee must be disclosed ahead of providing service.
Michael Christopher BurrChapter 13 Bankruptcy AttorneyChicago, IL ·
I agree with Mr. Berkus. There may not be a special law for this situation, but courts do want to see reasonable behavior. Adding a late fee for each month may not look good. Ultimately it's a question of your contract with the customer. Have you imposed late charges in the past? How much is the late charge compared to the amount they owe? Do you want to risk losing the customer by tacking on $950 to the bill? It will certainly get their attention, but chances are you will have to negotiate a compromise.
Young S SongChapter 7 Bankruptcy AttorneyEllicott City, MD ·
You may not charge a late fee every month. Arguably, if provided in your agreement, signed by the customer, you may charge once. For subsequent months, you may charge them interest, if provided in your agreement. If there is a new invoice each month, and there are separate sales or services performed, you might try asserting that the agreement calls for a late fee each month.
As the others stated, it has to be reasonable. If the amount of the invoice is $10,000, and you charge a $50 late fee, it will be reasonable. However, if the amount is $10.00, and you try that, it will probably not fly.
You should consult with a lawyer, or you might inadvertantly violate the Fair Debt Collections Practices Act.
Tread carefully.