Late fees + $ per day fee, is that legal? - Posted by Mick

Posted by jeff in oh on August 04, 2005 at 11:23:53:

What do we mean by legal? (no need to answer that ?)
I suppose that every state is different. And I know each judge has the option to interpret the law different. But let me make it as simple for you as I can.
Don’t worry about finding a lawyer that agrees with everything you have in your contract. Allot of late fees and other language in you contract will not be enforceable. But who cares. You?re just looking to scare someone enough that they pay you or move out. In my county the judge will give you a judgment for back rent but will never give you a judgment that includes late fees. So as long as you don’t make your late fees so high that the judge think you are taking advantage of people you will be sitting fine even if you don’t get the late fees if you end up in court.
So to answer your question. Of course late fees are legal. But that doesn’t mean a judge will allow you to collect them.

Hope your not even more confused.


Late fees + $ per day fee, is that legal? - Posted by Mick

Posted by Mick on August 02, 2005 at 24:03:04:

In NC, what is the amount you can charge as a late fee? This is a promissory note we are talking about here. If you charge a late fee, can you still charge a per day fee until it is paid? I asked my lawyer and he was confused. Do I need to find a different atty?


Thanks for all the help!!!