Posted on: 15th Apr, 2004 12:44 am
Usury is an interest rate which is charged over the limit established by law. The usury limit which is stated can be charged by one person or corporation to another.
For example, suppose the legal rate established by law is 3%, and John, a lender, charged Carole 5% interest rate. This 5% interest rate is known as 'usury'.
Recently, states have enacted a law that limits the usury to current market rates but earlier what prevailed was the flat rate. Sometimes interest is directly imposed on the amount charged for goods and services. In some cases, sellers charge a certain price for cash sale, and a higher price for credit sale on similar goods.
However the transaction laws vary from state to state. There are states which follow a "legal interest rate". In such states the legal rate is applied if any contractual obligation provides for interest without a specific term, or "interest at the highest legal rate". But there are other states that use a "judgment rate" which is normally associated with final judgments. In states having no usury, there may still be a limit imposed by the federal government.
A state-wise list of the usury rates, legal rates and judgment rate are given below.
For example, suppose the legal rate established by law is 3%, and John, a lender, charged Carole 5% interest rate. This 5% interest rate is known as 'usury'.
Recently, states have enacted a law that limits the usury to current market rates but earlier what prevailed was the flat rate. Sometimes interest is directly imposed on the amount charged for goods and services. In some cases, sellers charge a certain price for cash sale, and a higher price for credit sale on similar goods.
However the transaction laws vary from state to state. There are states which follow a "legal interest rate". In such states the legal rate is applied if any contractual obligation provides for interest without a specific term, or "interest at the highest legal rate". But there are other states that use a "judgment rate" which is normally associated with final judgments. In states having no usury, there may still be a limit imposed by the federal government.
A state-wise list of the usury rates, legal rates and judgment rate are given below.
State | Legal Rate | Usury Limit | Judgment Rate |
Alabama | 6% | 8% | 12% |
Alaska | 10.5% | More than 5% above the Federal Reserve interest rate on the day the loan was made. | - |
Arizona | 10% | - | - |
Arkansas | 6% | For Non-Consumer the limit is 5% above the Federal Reserve's interest rate and for consumers is 17%. | 10% |
California | 10% | For Non-Consumer the limit is 5% above the Federal Reserve Bank of San-Fransico rate. | - |
Colorado | 8% | 45% | - |
Connecticut | 8% | 12% | - |
Delaware | 5% over the Federal Reserve rate. | - | - |
District of Columbia | 6% | In excess of 24% | - |
Florida | 12% | 18% On loan amount above $ 2,50,000 - 25% | - |
Georgia | 7% | On loan amount below $ 3,000 - 16% On loan amount above $ 3,000 - 5% | - |
Hawaii | 10% | 12% | - |
Idaho | 12% | - | 5% above the US Treasury security rate. |
Illinois | 5% | 9% | 9% |
Indiana | 10% | - | 10% |
10% | 12% | - | |
Kansas | 10% | 15% | 4% above Federal discount rate. |
Kentuchy | 8% | 4% more than Federal Reserve rate or 19% whichever is less On loan above $ 15,000 - No limit | 12% |
Lousiana | Not exceed 14% nor less than 7% | 12 % for individual and no limit for corporations. | - |
Maine | 5% | - | Below $30,000 - 15% or 52 week average discount rate for T-Bill, plus 4%. |
Maryland | 6% | 24% | 10% |
Massachusetts | 6% | 20% | 12% |
Michigan | 5% | 7% | 5% above the 5 year T-Note rate. |
Minnesota | 6% | 8% | - |
Mississipi | 9% | More than 10% or more than 5% above the Federal Reserve rate | 9% |
Missouri | 9% | - | 9% |
Montana | 10% | 6% | 10% |
Nebraska | 6% | 16% | 1% above a bond yield equivalent to T-bill. |
Nevada | 12% | No limit | - |
New Hampshire | 10% | No limit | - |
New Jersey | 6% | 30% for individual and 50% for corporation | - |
New Mexico | 15% | - | Fixed by the court |
New York | 9% | 16% | - |
North Carolina | 8% | 8% | - |
North Dakorta | 16% | 5 1/2% above 6 months treasury bill rate | Contract rate or 12%, whichever is less. |
Oklahoma | 6% | Consumer loan - Not exceed 10% Non-consumer loan - Not exceed 45% | T-Bill rate plus 4% |
Oregon | 9% | Loan above $ 50,000 - 12 % or 5% above the discount rate for commercial paper. | 9% or contract rate, whichever is higher. |
Pennsylvania | 6% | 25% | 6% |
Puerto Rico | 6% | - | 6% |
Rhode Island | 12% | 21% or Interest rate charged for T-Bill plus 9% | 21% |
South Carolina | 8.75% | - | 14% |
South Dakota | 15% | No Limit | 12% |
Tennessee | 10% | 24% | 10% |
Texas | 6% | - | 18% or contract rate, whichever is less. |
Utah | 10% | 12% | |
Vermont | 12% | 12% | 12% |
Virgina | 8% | No Limit | 8% |
Washington | 12% | 12% | 12% |
West Virgina | 6% | Based on Market rate | - |
Wisconsin | 5% | No limit | 12% |
Wyoming | 10% | - | 10% |
Hi Linda!
Welcome to forums!
As far as I know, there is no limit to the amount of interest that can be charged in case of an owner finance loan. However, normally the owners charge interest rates as per the available market rates.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As far as I know, there is no limit to the amount of interest that can be charged in case of an owner finance loan. However, normally the owners charge interest rates as per the available market rates.
Feel free to ask if you've further queries.
Sussane
I am paying 26.99% interest on a dental care loan that originated in the state of Hawaii. The legal rate in Hawaii for APR is 10%. I called the loan company and they claim they are doing nothing illegal and that I signed the agreement allowing them to do this to me. Who can I contact to rectify this situation? I'll never pay the debt off at that rate and it's absolutely ludicrous!! And illegal, am I right??
Welcome Misti,
Your query has been replied to in the given page:
http://www.mortgagefit.com/predeal/about55175.html
Please take a look at it. I hope it will help you.
Your query has been replied to in the given page:
http://www.mortgagefit.com/predeal/about55175.html
Please take a look at it. I hope it will help you.
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