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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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#help.tut Extra help for tutorials
#define.stb On line glossary- definitions of legal terms
INTEREST RATES
Many state's laws provide that you cannot lend money at an
interest rate in excess of a certain statutory maximum. This is a
"usury limit." We provide in this tutorial the general usury rate
for each state that our research reveals has one. UNLESS
OTHERWISE STATED, THE RATES ARE SIMPLE, NOT COMPOUND INTEREST.
FURTHER WE ARE STATING THE **PRESENT** LIMITS, the ones
applicable at the time that this research was completed. Many
states have had lower limits in the past. Further, in most states
a late charge or other fee exacted from someone who owes another
money is also counted as interest. "But my car loan is higher
than that"; "But I'm paying way more than that on my credit
cards." That's right! Banks have separate rules. In fact, due to
high inflation, in 1980, the federal government passed a special
law which allowed national banks (the ones that have the word
"national" or the term "N.A." in their name, and savings banks
that are federally chartered) to ignore state usury limits and
pegged the rate of interest at a certain number of points above
the federal reserve discount rate. In addition, specially
chartered organizations like small loan companies and installment
plan sellers (like car financing companies) have their own rules.
The usury limit which is stated as the general usury limit
is the rate that can be charged by one person or corporation to
another, in other words, if you lend your next door neighbor $
100.00, the rate stated is the limit. To charge more you must get
a banking, pawnbroking, or whatever license. This also means that
special kinds of loans, like those from pawnbrokers or small loan
companies are not stated. In some states we also have a "legal
rate." In such states, as a general rule, if you have a
contractual obligation that provides simply for interest without
a specific term, or "interest at the highest legal rate" then the
"legal rate" what applies. In other instances we have stated a
"judgment rate." That's the rate that final judgments bear. In
states without a usury limit, there still may be a federally
imposed limit because at certain astronomical rates of interest
"loan sharking" will be inferred by the federal government.
Usury is a complicated area of law. Transactions that a
person would not consider to be affected by usury often are, for
example, repurchase agreements, or sales with an option to
repurchase are often found to be loans. A word of caution. Before
trying to lend someone money or "invest" with a guaranteed
return, see an attorney to make sure that you don't run afoul of
the usury laws. In state's that specify one limit for consumers
and one limit for non-consumers, you cannot avoid the usury limit
by creating a sham business deal. In a supplement that is now
being prepared and will be available soon, we will review the
penalties for usury in each state and point out special
circumstances in each state.
ALABAMA
In Alabama, the legal rate of interest is 6%; the general usury
limit is 8%. The judgment rate is 12%.
ALASKA
In Alaska, the legal rate of interest is 10.5%; the general usury
limit is more than 5% above the Federal Reserve interest rate on
the day the loan was made.
ARIZONA
In Arizona, the legal rate of interest is 10%.
ARKANSAS
In Arkansas, the legal rate of interest is 6%; for non-consumers
the usury limit is 5% above the Federal Reserve's interest rate;
for consumers the general usury limit is 17%. Judgments bear
interest at the rate of 10% per annum, or the lawful agreed upon
rate, whichever is greater.
CALIFORNIA
In California, the legal rate of interest is 10% for consumers;
the general usury limit for non-consumers is more than 5% greater
than the Federal Reserve Bank of San Francisco's rate.
COLORADO
In Colorado, the legal rate of interest is 8%; the general usury
limit is 45%. The maximum rates to consumers is 12% per annum.
CONNECTICUT
In Connecticut, the legal rate of interest is 8%; the general
usury rate is 12%. In civil suits where interest is allowed, it
is allowed at 10%.
DELAWARE
In Delaware, the legal rate of interest is 5% over the Federal
Reserve rate.
DISTRICT OF COLUMBIA
In the District of Columbia, the legal rate of interest is 6%;
the general usury limit is in excess of 24%.
FLORIDA
In Florida, the legal rate of interest is 12%; the general usury
limit is 18%. On loans above $ 500,000 the maximum rate is 25%.
GEORGIA
In Georgia, the legal rate of interest is 7%; On loans below $
3,000 the usury limit is 16%. On loans above $ 3,000, the limit
appears to be 5% per month. As to loans below $ 250,000 the
interest rate must be specified in simple interest and in
writing.
HAWAII
In Hawaii, the legal rate of interest is 10%. The usury limit for
consumer transactions is 12%.
IDAHO
In Idaho, the legal rate of interest is 12%. Judgments bear
interest at the rate of 5% above the U.S. Treasury Securities
rate.
ILLINOIS
In Illinois, the legal rate of interest is 5%. The general usury
limit is 9%. The judgment rate is 9%.
INDIANA
In Indiana, the legal rate of interest is 10%. Presently there is
no usury limit; however, legislation is pending to establish
limits. The judgment rate is also 10%.
IOWA
In Iowa, the legal rate of interest is 10%. In general consumer
transactions are governed at a maximum rate of 12%.
KANSAS
In Kansas, the legal rate of interest is 10%; the general usury
limit is 15%. Judgments bear interest at 4% above the federal
discount rate. On consumer transactions, the maximum rate of
interest for the first $ 1,000 is 18%, above $ 1,000, 14.45%.
KENTUCKY
In Kentucky, the legal rate of interest is 8%; the general usury
limit is more than 4% greater than the Federal Reserve rate or
19%, whichever is less. On loans above $ 15,000 there is no
limit. Judgments bear interest at the rate of 12% compounded
yearly, or at such rate as is set by the Court.
LOUISIANA
In Louisiana, the legal rate of interest is one point over the
average prime rate, not to exceed 14% nor be less than 7%. Usury
limit for individuals is 12%, there is no limit for corporations.
(As warned, you cannot evade the limit by forming a corporation
when the loan is actually to an individual.)
MAINE
In Maine, the legal rate of interest is 6%. Judgments below $
30,000 bear 15%, otherwise they bear interest at the 52 week
average discount rate for T-Bills, plus 4%.
MARYLAND
In Maryland, the legal rate of interest is 6%; the general usury
limit is 24%. There are many nuances and exceptions to this law.
Judgments bear interest at the rate of 10%.
MASSACHUSETTS
In Massachusetts, the legal rate of interest is 6%; the general
usury rate is 20%. Judgments bear interest at either 12% or 18%
depending on whether the court finds that a defense was
frivolous.
MICHIGAN
In Michigan, the legal rate of interest is 5%; the general usury
limit is 7%. Judgments bear interest at the rate of 1% above the
five year T-note rate.
MINNESOTA
In Minnesota, the legal rate of interest is 6%. The judgment rate
is the "secondary market yield" for one year T-Bills. Usury limit
is 8%.
MISSISSIPPI
In Mississippi, the legal rate of interest is 9%; the general
usury limit is more than 10%, or more than 5% above the federal
reserve rate. There is no usury limit on commercial loans above $
5,000. The judgment rate is 9% or a rate legally agreed upon in
the underlying obligation.
MISSOURI
In Missouri, the legal and judgment rate of interest is 9%.
Corporations do not have a usury defense. (Remember that a
corporation set up for the purpose of loaning money to an
individual will violate the usury laws.)
MONTANA
In Mon