Reference · Delaware · 2026
Delaware late payment interest rate
When your contract sets no rate, the Delaware figure for interest on an overdue B2B invoice is 8.75% (Fed discount + 5), under 6 Del. C. § 2301(a).
Floats with the Federal Reserve discount rate at the time interest is due. Over $100,000 there is no limit on an agreed rate (§ 2301(c)).
- Rate
- 8.75% (Fed discount + 5)
- Statute
- 6 Del. C. § 2301(a)
- Type
- Floats: resets on a schedule. The figure is the published 2026 (or current-quarter) value.
- Source
- codes.findlaw.com · verified July 9, 2026
Statute text read on codes.findlaw.com, a legal mirror, because the official Delaware site blocks automated access. Confirm it against the official code before relying on it in a dispute.
What 8.75% comes to on an unpaid invoice
Simple interest at 8.75% a year on a 365-day year. Count the days from when interest starts to run in Delaware, which is not always the due date.
| Invoice | 30 days | 60 days | 90 days |
|---|---|---|---|
| $5,000 | $35.96 | $71.92 | $107.88 |
| $10,000 | $71.92 | $143.84 | $215.75 |
| $50,000 | $359.59 | $719.18 | $1,078.77 |
Work out the interest on your invoice
Prefilled with Delaware's legal rate of 8.75%. If your contract sets a rate, use that instead.
Interest you can claim
$143.84
$10,143.84 with the invoice · $2.40 a day
The ceiling
How high can a late fee go in Delaware?
Your contract decides. The rate above only applies when your terms are silent. Between businesses, an agreed late-interest rate or late fee replaces it, within two limits: the state's ceiling on agreed rates, and the rule that a late fee must compensate you rather than punish the customer.
Delaware's ceiling: No limit on an agreed rate over $100,000 (6 Del. C. § 2301(c)).
On smaller invoices, check Delaware's general limit before using the common 1.5%-a-month (18%) rate.
Ceiling checked September 12, 2026.
Late payment wording for a Delaware invoice
On your invoice
Payment is due by the date shown on this invoice. Late payments are subject to interest at the legal rate under 6 Del. C. § 2301(a) (8.75% (Fed discount + 5)).
This restates what Delaware law applies when your contract is silent. If your contract sets a rate, quote that instead. The wording doesn't say when interest starts, because that differs by state; the note at the top of this page covers it where Delaware law sets it.
How Delaware compares
Of the 46 states with a rate that applies on its own, 16 set a higher one and 27 a lower one. The middle of the range is 8%.
Same 8.75% figure: Nevada and South Carolina.
Interest is the fallback. Getting paid on time is the plan.
DueTrail turns overdue invoices into managed cases with reviewable reminders and recorded promises to pay, so invoices get settled before anyone reaches for 6 Del. C. § 2301(a).