Delaware Late Fee Calculator
Work out interest on an overdue B2B invoice under Delaware law. When the contract is silent, the default is variable — the currently published figure, the official page that sets it, the written-contract cap, and the statute are all on this page.
Fed discount rate +5 pts, fixed as of when interest became due; simple interest on invoice debts.
Late fee breakdown
- Interest owed
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- Daily rate
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- Total (invoice + interest)
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Still unpaid? Generate a formal demand letter — it computes the interest and cites Delaware's statute (6 Del. C. §§ 2301, 2306) for you.
What Delaware law actually says
Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate [...] as of the time from which interest is due
Quoted verbatim from the linked official source — not our paraphrase. How we source and re-check every row is documented in the data methodology.
Maximum late fee in Delaware — written B2B contracts
No statutory cap
6 Del. C. § 2306 bars any corporation, limited partnership, statutory trust, business trust or LLC from interposing the defense of usury in any action, so an entity debtor has no usury argument to make. Separately, § 2301(c) removes any rate limitation where the amount loaned or used exceeds $100,000 and repayment is not secured by a mortgage against a borrower's principal residence — that exemption turns on amount and collateral only, not on entity type. Note that § 2306's list does not name individuals or general partnerships; the section itself contrasts entities having 'powers and privileges of corporations not possessed by individuals or partnerships', so a sole-proprietor customer is not covered by that bar.
Basis: 6 Del. C. §§ 2301(c), 2306. Compare all 51 jurisdictions on the full state table and the cap-regime map.
B2B invoices only — not rent, not consumer debt
Everything on this page is about business-to-business invoices. Residential rent late fees live in Delaware's landlord-tenant law and consumer credit has separate, stricter rules — two different bodies of law. The distinction is explained in B2B invoice late fees vs. residential rent.
Use this data
Delaware's row — rate, cap, citation, verbatim quote, verification date — is part of our open 51-jurisdiction dataset: CSV · JSON (CC BY 4.0, cite myinvoicetemplate.com). Set late-fee terms on your next invoice with the free invoice generator, or state them clearly using the wording guidance in the payment terms guide.
Delaware late fee FAQ
Can I charge late fees on overdue invoices in Delaware?
Yes — on business-to-business invoices. If your contract or invoice states a late-fee rate, that rate governs (subject to the cap rules below). If nothing was agreed: Variable; currently published figure: 8.75% (since Dec 11, 2025). Fed discount rate +5 pts, fixed as of when interest became due; simple interest on invoice debts. Statute: 6 Del. C. §§ 2301, 2306, verified 2026-08-19. Consumer and rent debts follow separate laws.
What is the maximum late fee I can charge in Delaware?
For a written B2B contract: Business entities cannot plead usury at all (§ 2306 bars any corporation, LLC, LP, statutory trust or business trust from interposing the defense), and loans over $100,000 not secured by a mortgage on a principal residence are expressly uncapped (§ 2301(c)); the discount rate +5 pts written ceiling in § 2301(a) reaches only deals outside those two carve-outs. Basis: 6 Del. C. §§ 2301(c), 2306. The full cap analysis is in the section above; this covers business-to-business deals only — consumer credit has stricter separate caps.
What interest applies if my contract doesn't mention late fees in Delaware?
Variable — Fed discount rate +5 pts, fixed as of when interest became due; simple interest on invoice debts. Currently published figure: 8.75% (since Dec 11, 2025). Confirm the applicable figure via the official page linked on this page before relying on it. Statute: 6 Del. C. §§ 2301, 2306.
Does this cover rent, apartment, or consumer late fees in Delaware?
No. This page covers business-to-business invoices only. Residential rent late fees are governed by Delaware's landlord-tenant law, and consumer credit for personal, family, or household purposes has its own stricter caps and disclosure rules. Those are different statutes than the commercial-interest law cited here.
Where does this data come from, and when was it verified?
Every figure on this page comes from our 51-jurisdiction dataset: each row researched against the controlling statute or the state's official current-rate page, independently re-checked, and stamped with its own verification date — Delaware's row was last verified 2026-08-19. The operative legal text is quoted verbatim on this page with a link to the official source, the methodology is public, every verification pass is logged in the changelog, and the full dataset is downloadable (CC BY 4.0).
Not legal advice. This page summarizes Delaware's commercial-interest statute for general information, with the verification date shown above — it tells you when we last confirmed the figures, not that they are still current today. Statutes change and courts interpret them; verify the cited statute at the official source, or ask a licensed attorney in your state, before charging or demanding interest.