Maximum Interest Rate by State 2026: Usury Limits, All 50 States

Last reviewed 16 August 2026

An interactive guide to legal maximum interest rates, general usury limits and judgment rates across all 50 US states and the District of Columbia. Click any state on the map below to view detailed information about its usury laws, or use the lookup to check the ceiling for a particular kind of obligation.

There is no single maximum interest rate in the United States. Each state sets its own ceilings, and each state sets more than one: a default legal rate that applies when nothing was agreed, a general usury limit that caps what may be agreed in writing, and a separate rate that a court judgment carries once entered.

A rate agreed in writing overrides the default legal rate. It does not override the usury ceiling. And many states lift the ceiling entirely once the borrower is a corporation or the loan is for a business purpose.

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Room a written agreement gives you

No ceiling at allSet by formulaFixed ceilingNot established

New York Usury Laws

Last checked August 2026
Which of these are you asking about?
Default legal rate 9%
When this applies to youYou never agreed a rate in writing. This is what the law supplies instead.
  • 9% per year, the CPLR rate courts apply to prejudgment and post-judgment interest.
  • New York has no clean default contract rate: the 6% in GOL § 5-501(1) is displaced by the 16% prescribed in Banking Law § 14-a.
General ceiling 16%
When this applies to youYou did agree a rate in writing. This is the most that rate is allowed to be.
  • 16% per year civil.
  • Criminal usury starts at 25%.
Judgment rate 9%
When this applies to youA court has entered judgment against the debtor. This replaces the contract rate from that date.
  • 9% per year.
  • Judgments on consumer debt against a natural person carry 2%, for judgments entered on or after 30 April 2022 and for interest accruing after that date on the unpaid portion of earlier judgments.
Business borrowersYes, on two grounds. GOL § 5-521(1) bars a corporation from pleading usury, subject to a carve-back where the corporation’s principal asset is a one or two family dwelling and it was organized, or a controlling interest acquired, within six months before execution, and subject to the criminal usury defense being preserved. GOL § 5-501(6)(a) removes all civil rate limits on loans of $250,000 or more other than those secured primarily by a one or two family residence, and § 5-501(6)(b) removes even the criminal limits at $2,500,000 or more.
Worth knowingThe consumer branch came in with 2021 ch. 831, effective 30 April 2022. The practical ceiling for corporate lending is 25%, not 16%: between 16% and 25% a rate is civilly usurious but not criminal, and a corporation cannot raise the civil defense. Above 25% a corporation can defend under GOL 5-521(3), unless the loan is $2,500,000 or more. A contractual waiver of the usury defense executed before, at, or within 60 days after disbursement is void. GOL 5-501(3) sets a distinct regime for mortgages on one to six family owner occupied residences and for co-op apartment loans.

Is your rate lawful in New York?

Enter the rate on your agreement or invoice. It is checked against that state's general ceiling, which caps a rate the parties agreed in writing. A rate nobody agreed to is governed by the default legal rate instead, which is the first card above.

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Complete Usury Laws Data by State

The legal interest rate, the general usury limit, the judgment rate and the governing statute for all 50 states and the District of Columbia. Click a row to load that state above.

State Legal interest rate General usury limit Judgment rate Business test
Alabama Fixed6% per year where there is no written contract Fixed8% per year by written contract, but only on principal under $2,000. At $2,000 or more the ceiling is removed entirely. Fixed7.5%7.5% per year. A judgment based on a contract action carries the rate stated in the contract instead. Amount based
Source
Alaska Fixed10.5% per year FormulaThe greater of 10% or 5 points above the 12th Federal Reserve District rate on the day the contract or loan commitment is made. No ceiling at all where principal exceeds $25,000. Formula6.75%3 points above the 12th Federal Reserve District discount rate in effect on 2 January of the year the judgment is entered. A judgment founded on a written contract carries the contract rate where that rate is set out in the judgment. Amount based
Source
Arizona Fixed10% per year unless a different rate is contracted for in writing No ceilingNo ceiling. Any rate may be agreed in writing. Formula7.75%The lesser of 10% or prime plus 1%, measured on the date the judgment is entered. The judgment must state the rate and it does not change afterwards. No exemption
Source
Arkansas Fixed6% per year where a contract does not specify a rate Fixed17% per year, flat. There is no separate consumer and non-consumer split. Formula5.75%On a contract action, the contract rate or the Federal Reserve primary credit rate on the date of entry plus 2%, whichever is greater. On any other action, primary credit plus 2%. Capped by the 17% constitutional maximum. No exemption
Source
California Fixed7% per year under the state constitution Formula10% on loans primarily for personal, family or household purposes. For any other purpose, the higher of 10% or 5 points above the Federal Reserve Bank of San Francisco rate. Fixed10%10% per year. Judgments entered on or after 1 January 2023 on medical expense claims under $200,000 and personal debt claims under $50,000 against natural persons carry 5%. Purpose based
Source
Colorado Fixed8% per year, compounded annually Fixed45% per year on any bond, bill, promissory note or other written instrument Fixed8%8% compounded annually where no rate is specified, or the contract rate where one is. Appealed money judgments run on a rate certified each 1 January by the Secretary of State: 2 points above the Federal Reserve Bank of Kansas City discount rate, rounded to the nearest whole percent. No exemption
Source
Connecticut Fixed8% per year in the absence of any agreement to the contrary Fixed12% per year Fixed10%10% per year maximum, and discretionary. Section 37-3a sets a ceiling, not an automatic accrual rate. Entity based
Source
Delaware Formula5 points over the Federal Reserve discount rate, as of the time from which interest is due Formula5 points over the Federal Reserve discount rate. No ceiling at all where the amount loaned exceeds $100,000 and repayment is not secured by a mortgage on any borrower’s principal residence. Formula8.75%5 points over the Federal Reserve discount rate, or the contract rate, whichever is less, from the date of the judgment. Amount based
Source
District of Columbia Fixed6% per year in the absence of express contract Fixed24% per year on a written instrument for the payment of money at a future time Fixed5%70% of the IRC § 6621 underpayment rate, rounded to the nearest full percent, with exactly half a percent rounding up. Judgments against the District, its officers or its employees acting in scope: not more than 4%. Amount based
Source
Florida RuleThe rate set under § 55.03. Section 687.01 points straight at it, so the legal rate tracks the judgment rate and moves with it. Fixed18% per year simple on principal of $500,000 or less. Above $500,000 the ceiling rises to the § 687.071 criminal usury line of 25%. Formula8.06%Set by the Chief Financial Officer as the average of the Federal Reserve Bank of New York discount rate over the preceding 12 months, plus 400 basis points. Published on 1 December, 1 March, 1 June and 1 September, effective the first day of the following quarter. Amount based
Source
Georgia Fixed7% per year simple where the rate is not established by written contract Fixed16% per year simple on principal of $3,000 or less. Above $3,000 there is no civil ceiling and any rate may be set by written contract. Charging more than 5% per month is a misdemeanour at every tier. Formula9.75%Prime as published in Federal Reserve statistical release H.15 on the day the judgment is entered, plus 3%, fixed at entry. A judgment on a written contract stating a rate carries the contract rate instead. Amount based
Source
Hawaii Fixed10% per year. Obligations of the State carry the prime rate for each calendar quarter, capped at 10%. Fixed12% simple on consumer credit transactions other than credit cards, and on home business loans. 24% where the creditor is a chapter 412 financial institution other than a trust company or credit union. No ceiling on any transaction that is not a consumer credit transaction, a home business loan or a credit card agreement. Fixed10%10% per year, and expressly a maximum. Purpose based
Source
Idaho Fixed12% per year where there is no express written contract fixing a different rate No ceilingNo general usury ceiling. The 12% is the default rate, not a cap, and applies only where there is no written contract. Formula5% plus the base rate in effect at judgment entry. The State Treasurer sets the base rate on 1 July each year as the weekly average yield on one year constant maturity US Treasury securities for the second week in June, rounded up to the nearest one eighth percent. No exemption
Source
Illinois Fixed5% per year Fixed9% per year on written contracts Fixed9%9% per year. 6% where the judgment debtor is a unit of local government, a school district, a community college district or another governmental entity. 5% on consumer debt judgments of $25,000 or less. Entity based
Source
Indiana Fixed8% per year where the parties do not agree on a rate No ceilingNo general ceiling on business credit. Section 24-4.6-1-102 is a gap filler for where the parties did not agree, not a cap on what they may agree. Consumer credit is capped separately by the Indiana Uniform Consumer Credit Code at IC 24-4.5. Fixed8%8% per year, or the rate agreed in the original contract sued upon, which may not exceed 8% even where a higher rate was properly charged before judgment. Purpose based
Source
Iowa Fixed5% per year FormulaA floating ceiling: 2 points above the monthly average ten year constant maturity interest rate on US government notes and bonds for the second preceding calendar month, rounded to the nearest one quarter percent. Published monthly by the Superintendent of Banking. 6.50% for August 2026. FormulaThe one year Treasury constant maturity published in the Federal Reserve H.15 report settled immediately before the judgment date, plus 2%. Where a contract fixes the rate, the contract rate applies instead, capped at the § 535.2 ceiling. Entity based
Source
Kansas Fixed10% per year where no other rate is agreed Fixed15% per year on a written instrument for the payment or forbearance of money Formula7.75%4 points above the discount rate charged on loans to depository institutions by the New York Federal Reserve Bank as reported in the Wall Street Journal money rates column, measured as of 1 July. Judgments in limited actions carry a fixed 12%. Purpose based
Source
Kentucky Fixed8% per year FormulaOn a written obligation with original principal of $15,000 or less, the lesser of 19% or 4 points above the discount rate on 90 day commercial paper at the Federal Reserve Bank of the district where the transaction is consummated. Above $15,000, any rate. Fixed6%6% compounded annually. A judgment on a contract, promissory note or other written obligation carries the rate in that instrument. Child support arrears carry 12% compounded annually. On unliquidated damages the court may set less than 6% after a noticed hearing. Amount based
Source
Louisiana RuleThe judicial interest rate under R.S. 13:4202. Louisiana has no separate fixed legal rate: the legal rate is the judicial rate. Fixed12% per year on conventional interest, and it must be fixed in writing. Exceeding it forfeits the entire interest contracted for. Formula7.5%The Federal Reserve Board discount rate published in the Wall Street Journal, ascertained on the first business day of October, plus 3.25 percentage points. Set by the Commissioner of Financial Institutions for the following calendar year. Entity based
Source
Maine Fixed6% per year, and narrower than it looks: it applies to a loan made by a financial institution where there is no written agreement setting a different rate. No ceilingNo general usury ceiling for commercial or business credit. Maine has no across the board usury statute. Consumer credit is capped by the Maine Consumer Credit Code at Title 9-A: 30% on the part of the unpaid balance up to $2,000, 24% from $2,000 to $4,000, 18% above $4,000, and 18% flat on the entire loan where the amount financed exceeds $8,000. FormulaIn actions involving a contract or note containing an interest provision, the contract rate or the formula rate, whichever is greater. In all other actions, the one year US Treasury bill rate plus 6%, where that benchmark is the weekly average one year constant maturity Treasury yield for the last full week of the previous calendar year. No exemption
Source
Maryland Fixed6% per year Fixed8% per year under a written agreement signed by the borrower. 24% where the loan is unsecured or secured by personal property other than a savings account, made on or after 1 July 1982, and meets the balloon payment and repossession conditions. Any rate on a loan secured by a first mortgage or first deed of trust on residential real property. Fixed10%10% per year. A money judgment for rent of residential premises carries 6%. Delinquent property tax judgments carry the greater of the combined tax interest and penalty rates or 10%. Entity based
Source
Massachusetts Fixed6% per year, and only where there is no agreement and no provision of law for a different rate No ceilingNone. Massachusetts has no general civil usury ceiling. It is lawful to contract for any rate of interest, subject only to the criminal usury line at 20%, which a lender can opt out of by notifying the Attorney General. Fixed12%12% per year, or the contract rate in contract actions. Post-judgment interest runs at the same rate as the prejudgment interest in the award. No exemption
Source
Michigan Fixed5% per year Fixed7% per year if the parties stipulate in writing. A separate criminal ceiling of 25% simple applies under MCL 438.41. Formula4.959%On a judgment rendered on a written instrument evidencing indebtedness with a specified rate, the instrument rate if it was legal when executed, capped at 13% per year compounded annually. On every other money judgment, 1% plus the average rate paid at auctions of five year US Treasury notes during the preceding six months as certified by the State Treasurer, compounded annually. Entity based
Source
Minnesota Fixed6% per year Fixed8% per year if agreed in writing. Exceeding it is usury and forfeits all interest, and interest may not be compounded. Formula4%The one year constant maturity Treasury yield for the most recent calendar month, rounded to the nearest whole percent, or 4%, whichever is greater. Judgments over $50,000 finally entered on or after 1 August 2009 carry 10% per year until paid. Amount based
Source
Mississippi Fixed8% per year, calculated by the actuarial method FormulaThe greater of 10% per year or 5 points above the discount rate on 90 day commercial paper at the applicable Federal Reserve bank. Largely academic given the $2,000 free contract carve-out below. RuleThere is no fixed statutory rate. A judgment founded on a sale or contract carries the same rate as the contract evidencing the debt. Every other judgment carries a rate set by the judge hearing the complaint, from a date the judge finds fair but no earlier than the filing of the complaint. Entity based
Source
Missouri Fixed9% per year on written contracts where no other rate is agreed Formula10% per year, or the market rate if the market rate is higher. The market rate is the monthly index of long term US government bond yields for the second preceding calendar month plus 3 points, rounded to the nearest tenth. 7.99% for 1 July to 30 September 2026, so the operative ceiling is currently 10%. Fixed9%9% per year on non-tort judgments, or the contract rate where the contract specifies more than 9%. Tort judgments carry the intended federal funds rate plus 5%. Tort prejudgment interest, available only after a qualifying certified mail demand, is the intended federal funds rate plus 3%. Entity based
Source
Montana Fixed10% per year after money becomes due, absent an express written contract fixing a different rate FormulaThe greater of 15% or 6 points above the prime rate published by the Federal Reserve System in H.15 for bank prime loans, dated three business days before the agreement is executed. Prime plus 6 currently computes to 12.75%, so the operative ceiling is the 15% floor. Formula9.75%The H.15 bank prime loan rate on the day judgment is entered, plus 3%, and it may not be compounded. The prime rate is set as of 1 January each year and remains in effect until 31 December. A judgment on a contractual obligation specifying a rate carries that rate. No exemption
Source
Nebraska Fixed6% per year on the unpaid principal balance unless a greater rate is contracted for Fixed16% per year Formula5.97%For judgments entered on or after 20 July 2002, 2 points above the bond investment yield of the average accepted auction price for the first auction of each annual quarter of 26 week US Treasury bills in effect on the date of entry. Entity based
Source
Nevada FormulaThe prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions on the preceding 1 January or 1 July, plus 2%. Not a flat 12%. No ceilingNo ceiling. Parties may agree any rate, may compound, and may agree any other charges or fees. The one exception is a 36% APR cap on consumer credit extended to a covered service member or dependant. FormulaThe same formula under NRS 17.130(2): the Nevada prime rate on the preceding 1 January or 1 July, plus 2%. The rate is then adjusted on each 1 January and 1 July thereafter until the judgment is satisfied, so it floats for the life of the judgment. No exemption
Source
New Hampshire Fixed10% per year on business transactions unless otherwise agreed in writing. Consumer credit transactions as defined in RSA 358-K:1, V are excluded from this paragraph. No ceilingNo ceiling. Chapter 336 contains only RSA 336:1 and 336:2, and neither caps an agreed rate. New Hampshire has no general usury statute. FormulaA rate determined by the State Treasurer as the prevailing discount rate on 26 week US Treasury bills at the last auction before the last day of September, plus 2 percentage points, rounded to the nearest tenth. Determined by 1 December and in force for the following calendar year. It covers prejudgment interest as well. No exemption
Source
New Jersey Fixed6% per year Fixed16% per year where there is a written contract specifying a rate. The 30% and 50% figures often quoted are the criminal usury thresholds, not the civil ceiling. Formula4.5%Set by court rule, not statute. For judgments not exceeding the Special Civil Part monetary limit at the time of entry, the average rate of return of the State of New Jersey Cash Management Fund (State accounts) for the preceding fiscal year ended 30 June, to the nearest whole or half percent. Above that limit, the same rate plus 2%. Amount based
Source
New Mexico RuleNot more than 15% per year in the absence of a written contract fixing a different rate. Section 56-8-3 sets a ceiling for that case rather than a fixed default. No ceilingNo general ceiling on a rate fixed by written contract. Section 56-8-3 applies only in the absence of one. Fixed8.75%8.75% per year from entry. Judgments based on tortious conduct, bad faith, or intentional or willful acts carry 15%. A judgment rendered on a written instrument carries a rate no higher than the instrument specifies. Entity based
Source
New York Fixed9% per year, the CPLR rate courts apply to prejudgment and post-judgment interest. New York has no clean default contract rate: the 6% in GOL § 5-501(1) is displaced by the 16% prescribed in Banking Law § 14-a. Fixed16% per year civil. Criminal usury starts at 25%. Fixed9%9% per year. Judgments on consumer debt against a natural person carry 2%, for judgments entered on or after 30 April 2022 and for interest accruing after that date on the unpaid portion of earlier judgments. Entity based
Source
North Carolina Fixed8% per year Formula16% per year on principal of $25,000 or less. Any rate agreed in writing above $25,000. The 16% is the current value of a monthly formula: the six month Treasury bill noncompetitive rate as of the 15th plus 6 points, rounded to the nearest half percent, or 16%, whichever is greater. The 16% floor has held continuously since 1 November 1984. Fixed8%8% per year, the legal rate. In contract actions the amount awarded bears interest from the date of breach, and where the contract provides a rate applicable after judgment that contract rate governs. For consumer credit contracts the lower of the legal rate and the contract rate applies. Amount based
Source
North Dakota Fixed6% per year unless a different rate, not exceeding the § 47-14-09 maximum, is contracted for in writing Formula5.5 points above the average rate on six month US Treasury bills in effect for North Dakota over the six months preceding the transaction month, computed and declared on the last day of each month by the State Banking Commissioner. Never less than 7%. Interest may not be compounded, and a minimum charge of $15 is allowed. FormulaThe prime rate published in the Wall Street Journal on the first Monday in December, plus 3 percentage points, rounded up to the next half point, not compounded. A judgment on an instrument carries the rate in the instrument, capped at the § 47-14-09 maximum. Entity based
Source
Ohio FormulaThe rate per year determined under R.C. 5703.47. Do not confuse it with the 8% contract ceiling in R.C. 1343.01(A), which is a different number in a different statute. Fixed8% per year on a written instrument, subject to the R.C. 1343.01(B) exemptions. Criminal usury is a separate 25% line in R.C. 2905.21, not a civil ceiling. Rule7%The R.C. 5703.47 rate in effect when the judgment was rendered, which then stays constant for the life of that judgment. A written contract providing a different rate displaces it. Entity based
Source
Oklahoma Fixed6% per year in the absence of any contract as to the rate RuleTitle 15 sets no ceiling of its own. Section 266 fixes the legal rate at 6% and then allows parties to agree any rate authorized by other law, so the operative ceiling comes from the statute governing that credit. Consumer ceilings sit in the Uniform Consumer Credit Code at Title 14A. FormulaThe prime rate listed in the first Wall Street Journal edition published for the calendar year, certified to the Administrative Director of the Courts by the State Treasurer on the first business day after publication in January, plus 2%. Prejudgment interest uses a different benchmark: the average US Treasury bill rate of the preceding calendar year. No exemption
Source
Oregon Fixed9% per year where the parties have not agreed a rate FormulaThe greater of 12% or 5 points above the Federal Reserve discount rate on 90 day commercial paper, and only for business or agricultural loans of $50,000 or less. Oregon has no ceiling above that threshold. Fixed9%9% per year. A judgment on a contract bearing more than 9% carries the rate provided in the contract as of the date of entry. Amount based
Source
Pennsylvania Fixed6% per year Fixed6% per year on loans of $50,000 or less where no express contract is made for a lower rate. Business loans of any principal amount, and obligations above the annually indexed base figure, are exempt. Fixed6%6% per year. 42 Pa. C.S. § 8101 names no number: it directs interest at the lawful rate from the date of the verdict, award or judgment, and the lawful rate resolves to 6% through 41 P.S. § 202. Purpose based
Source
Rhode Island Fixed12% per year unless a different rate is expressly stipulated FormulaThe greater of 21% per year or 9 points above the domestic prime rate published in the Money Rates section of the Wall Street Journal on the last business day of the month preceding the later of the agreement date or a contractual redetermination date. Fixed12%12% per year to the time of discharge Amount based
Source
South Carolina Fixed8.75% per year on accounts stated and on sums ascertained and due No ceilingEffectively none where the parties agree a rate in writing. The 6% in § 37-10-106 is a default that a written contract expressly agreeing another rate displaces, not a cap on agreed rates. Formula10.75%The prime rate as listed in the first Wall Street Journal edition published for the calendar year for which damages are awarded, plus 4 percentage points, compounded annually. The Supreme Court confirms the annual prime rate by order each 15 January. No exemption
Source
South Dakota Fixed12% per year, the Category C rate, where an obligation to pay interest specifies no rate No ceilingNone. SDCL 54-3-1.1 removes any maximum rate or usury restriction between or among persons, corporations, LLCs, estates, fiduciaries, associations or any other entities where they set the rate by written agreement, unless a maximum is specifically established elsewhere in the code. Fixed10%10% per year, the Category B rate, from and after the date of judgment. Judgments from inverse condemnation actions carry the Category A rate of 4.5%. Real estate mortgages, Title 57A security agreements and support debts under § 25-7A-14 are excluded. No exemption
Source
Tennessee Fixed10% per year. Section 47-14-103(3) sets maximum effective rates for transactions the chapter does not otherwise cover, rather than a separate default rate statute. FormulaThe formula rate: the lesser of 24% per year or 4 points above the average prime loan rate for the most recent week published by the Board of Governors of the Federal Reserve System. Published as 10.75% on 11 August 2026. Formula8.75%The formula rate less 2 percentage points, reset twice a year. Judgments entered between 1 July and 31 December take 2% below the formula rate published for June of that year; judgments entered between 1 January and 30 June take 2% below the rate published for December of the prior year. A judgment on a statute, note, contract or other writing fixing a lawful rate carries that rate instead. No exemption
Source
Texas Fixed6% per year, beginning on the 30th day after the amount is due, where the creditor has not agreed a rate with the obligor Formula10% baseline. Parties may agree in writing to the chapter 303 ceilings, computed by doubling the 26 week Treasury bill auction rate, floored at 18% and capped at 24%, or 28% for credit extended for a business, commercial, investment or similar purpose. Credit card agreements without a merchant discount are capped at 21%. Formula6.75%On a judgment on a contract that provides for interest or a time price differential, the lesser of the contract rate or 18%. On every other money judgment, the Federal Reserve prime rate determined by the Consumer Credit Commissioner on the 15th of each month for the following month, floored at 5% and capped at 15%. Purpose based
Source
Utah Fixed10% per year unless the parties expressly specify a different rate No ceilingNone. Utah Code 15-1-1(1) lets the parties to a lawful written, verbal or implied contract agree upon any rate of interest. Specific consumer regimes sit elsewhere, for example the Check Cashing and Deferred Deposit Lending Registration Act at Title 7 chapter 23. Formula5.51%The federal postjudgment interest rate under 28 U.S.C. § 1961 as of 1 January of each year, plus 2%. A judgment under $10,000 in an action regarding the purchase of goods and services carries 10% plus that federal rate. A judgment rendered on a lawful contract conforms to the contract and bears the agreed rate. No exemption
Source
Vermont Fixed12% per year computed by the actuarial method, except as specifically provided by law Fixed12% general, with nine category ceilings in 9 V.S.A. § 41a(b): 18% on single payment loans by Title 8 regulated lenders and federal savings and loan associations; 18% on the first $500 of a retail installment contract balance and 15% above; the agreed rate on a bank credit card account or revolving line of credit; 18% or 20% on motor vehicle and equipment loans by model year; 24% on the first $1,000 of other installment loan balances and 12% above, or 18% APR on the aggregate, whichever is higher; 18% on subordinate real estate liens; and 21% on retail charge agreements. Fixed12%12% per year No exemption
Source
Virginia Fixed6% per year Fixed12% per year, except as otherwise permitted by law Fixed6%6% per year, except that a money judgment entered in an action arising from a contract carries the rate lawfully charged on that contract, or 6%, whichever is higher. The rate is fixed at entry and is not affected by later changes to the statutory rate. Purpose based
Source
Washington Fixed12% per year where the parties have not agreed a different rate in writing FormulaThe higher of 12% or 4 points above the equivalent coupon issue yield of the average bill rate for 26 week Treasury bills determined at the first bill market auction in the preceding calendar month. The Treasury branch has stayed well below 12% for many years, so the effective maximum has been 12%. FormulaSix branches. Written contract judgments providing for interest at a specified rate carry that rate where it is set out in the judgment. Child support: 12%. Tort judgments against a public agency: 2 points above the 26 week Treasury bill equivalent coupon issue yield. Tort judgments against individuals or other entities, and unpaid private student loan debt: 2 points above prime. Unpaid consumer debt: 9%. Everything else: the maximum rate permitted under RCW 19.52.020 on the date of entry. Entity based
Source
West Virginia Fixed6% per year absent a written contract providing otherwise Fixed8% per year on written contracts. Up to 9% on loans on residential property secured by a first mortgage or deed of trust, subject to conditions and time limits. Formula6.25%2 points above the Fifth Federal Reserve District secondary discount rate in effect on 2 January of the year the judgment or decree is entered, floored at 4% and capped at 9%. Determined annually by the Administrative Office of the Supreme Court of Appeals, then constant for that particular judgment regardless of later benchmark changes. Purpose based
Source
Wisconsin Fixed5% per year No ceilingEffectively none for loans made on or after 1 November 1981. The 12% ceiling in § 138.05(1)(a) is still on the books but § 138.05(8)(c) switches it off for every loan, refinancing, renewal, extension, modification or prepayment on or after that date, except forbearances primarily for personal, family or household purposes where the only charge is a late payment penalty. Consumer credit is governed instead by the Wisconsin Consumer Act at chs. 421 to 427 and 429. Formula1% plus the prime rate in effect on 1 January of the year the judgment is entered if entered on or before 30 June, or in effect on 1 July if entered after 30 June, as reported by the Federal Reserve Board in H.15. Entity based
Source
Wyoming Fixed7% per year where there is no agreement or provision of law for a different rate No ceilingNo general statutory ceiling on an agreed rate. Wyoming has no standalone usury chapter; rate regulation sits inside the Wyoming Uniform Consumer Credit Code at Title 40 chapter 14, which reaches consumer credit only. Fixed10% per year from the date of rendition until paid. A decree or judgment founded on a contract where all parties agreed to interest at a certain rate carries the contract rate. Child support and maintenance installments that become judgments by operation of law on or after 1 July 1990 bear no interest. Purpose based
Source

No state matches that name.

Key takeaways

  • There is no single national interest cap. Every state sets its own, and several set none at all.
  • Each state carries at least three different figures: the default legal rate, the agreed contract ceiling and the judgment rate.
  • A rate agreed in writing beats the default legal rate, but it never beats the usury ceiling.
  • Many states exempt corporate or commercial borrowers from the ceiling entirely.
  • National banks may export their home state rate nationwide, which is why card APRs exceed local limits.

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What is usury?

Usury is charging interest above the rate the law allows. A usury law is the statute that sets that rate. There is no national one. Congress has never set a general ceiling on consumer credit, so the limit that applies to you is set by a state, and every state sets its own.

The word describes the overcharge, not the loan. A lender who charges a lawful rate is not a usurer no matter how high the rate looks, and a lender who charges a point over the ceiling is, no matter how small the overcharge.

Understanding usury limits and interest rate caps

A usury limit is the ceiling a state puts on interest. Every state has one, and the number a search result hands you is usually the wrong one, because every state sets more than one and they answer different questions.

The spread between them is not small. A state can supply 6% when nothing was agreed, allow 16% when something was, and carry a different figure again once a court has entered judgment. Quoting the wrong one of the three is the most common error in this area, and it is the one that puts an unlawful rate into a contract.

Where the ceiling comes from

15 of the 51 jurisdictions do not fix their ceiling in the statute at all. They tie it to a benchmark that moves: a Federal Reserve discount rate, a Treasury bill yield, the prime rate, or an index of government bond yields. Printing one percentage for those states would be wrong the week after publication, so this page prints the rule and computes the figure from a benchmark you supply.

Alaska shows why the rule matters more than the number. Its ceiling is the greater of 10% or 5 points above the 12th Federal Reserve District rate on the day the loan is made, and there is no ceiling at all once principal passes $25,000. A reader given only "5 points above the Fed rate" would miss both the floor and the exemption.

38 of the 51 set at least one of their three figures by formula. Where a state keys its judgment rate to a different benchmark than its ceiling, this page computes the ceiling and prints the judgment rule in full rather than reducing it to one number.

Where the ceiling stops applying

13 jurisdictions place no general ceiling at all on a rate agreed in writing: Arizona, Idaho, Indiana, Maine, Massachusetts, Nevada, New Hampshire, New Mexico, South Carolina, South Dakota, Utah, Wisconsin, Wyoming. That is the statute, not a loophole. In those states what you may charge is limited by contract law, by consumer credit statutes sitting outside the usury chapter, and by the criminal threshold where the state sets one.

What counts as an illegally high interest rate?

There is no single number. A rate is illegal when it passes the ceiling of the state whose law governs the agreement, for the kind of credit involved and the kind of borrower taking it. The same rate can be unlawful in one state and ordinary in the next.

1
Is 30% legal?

In 13 jurisdictions, yes, because they set no general ceiling on a rate agreed in writing. In 23 others it is over the ceiling for an ordinary private loan, and in most of those the answer flips again once the borrower is a business. On a credit card from a national bank it is lawful almost everywhere, because the card is not governed by your state's ceiling at all.

2
Is 100% legal?

Not under any general ceiling in the table below. Where you see triple digit rates advertised, the lender is operating under a separate licensing statute that displaces the general ceiling, most often a small loan or deferred deposit act, or it is a bank exporting another state's rate. The general usury chapter is not the law those loans are written under.

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So which number applies to me?

The ceiling of the state whose law your agreement names, or where the borrower is if it names none. Then check whether your credit is the kind that statute reaches. A great deal of American consumer lending sits outside the general ceiling by design, which is why the number in the table is a starting point and not a verdict.

Which states allow the highest interest rates?

13 jurisdictions set no general ceiling at all on a rate agreed in writing: Arizona, Idaho, Indiana, Maine, Massachusetts, Nevada, New Hampshire, New Mexico, South Carolina, South Dakota, Utah, Wisconsin, Wyoming. Nothing in their general usury law limits what the parties may agree.

Of the states that do state a ceiling outright, the highest is Colorado at 45% and the lowest is Pennsylvania at 6%. That spread, 6% to 45% for the same kind of written agreement, is the reason a national figure does not exist and a state figure is the only useful answer.

High ceiling and no ceiling are not the same thing. A state with no general limit has decided the parties may agree what they like, and its consumer protection sits in separate statutes that cap licensed lenders and specific products. South Dakota, for instance, sets no general usury ceiling and separately caps licensed lenders at 36% APR by ballot measure. Reading only the general chapter would tell you the state has no limits at all, which is not the case.

The three rates every state sets

Most confusion about usury comes from treating a state as having one maximum. It has several, they apply in different situations, and the gap between them is often large.

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The default legal rate

What applies when money is owed and no rate was agreed. It fills the gap and nothing more. It is usually the lowest figure a state publishes, commonly 6% to 10%, and it is the rate you fall back to if your contract or your invoice terms say nothing about interest.

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The general usury limit

The ceiling on what the parties may agree to in writing. This is the number that decides whether a rate is lawful. It is often several times the default legal rate, and in a number of states it is set by a formula tied to a federal benchmark rather than fixed in the statute.

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The judgment rate

What a debt carries once a court has entered judgment on it. It replaces the contract rate in most states, and it is the figure that matters if you have already sued and won. Several states set it by formula and reset it annually or semi-annually.

The mistake that creates the exposure. A written agreement overrides the default legal rate. It does not override the usury ceiling. Both parties signing a rate above the cap does not make it lawful, because that is the exact situation usury statutes exist to prevent. Check the agreed rate against the ceiling before it goes into the contract.

Why the ceiling changes with the kind of loan

The figure in the table is the general usury ceiling: the limit on an ordinary written agreement between two parties. Most credit an American consumer actually holds is written under a different statute, and that statute, not the general chapter, sets the cap.

Car loans

Rarely governed by the general ceiling. Vehicle finance is normally written under a motor vehicle retail installment or sales finance act, with its own rate schedule that often varies by the age of the vehicle. A dealer arranged loan above the figure in the table is usually lawful for that reason, not in spite of it.

Credit cards

Almost never governed by your state's ceiling. A national bank may charge the rate its own home state allows to a customer anywhere in the country, which is why card rates routinely exceed every figure in the table. Store cards and some credit union cards can still fall inside it.

Mortgages

Frequently carved out. Several states exempt loans secured by real property from the general ceiling outright, and others set a separate residential mortgage rate on its own benchmark. Pennsylvania and Delaware both draw a line around the borrower's principal residence.

Small and short term loans

Governed by licensing statutes with their own caps, which is how advertised rates reach triple digits in states whose general ceiling is single digit. Where a state caps licensed lenders separately, that cap is the operative number for those products.

The general ceiling is the right figure for one thing above all: an agreement between two ordinary parties. A loan between businesses, a shareholder loan, a seller financed sale, a settlement carrying interest, and interest on your own overdue invoices are all governed by it. That is what this page is for, and it is where the number in the table is the answer rather than the starting point.

Setting a late fee rate on overdue invoices

This is the version of the question a business asks, and it has a different shape from the consumer version. If you charge interest or a finance charge on a past due invoice, you are a creditor charging interest on a debt, and the state usury ceiling applies to you in the same way it applies to a lender.

Two rules decide what you may charge:

  • Your terms have to say it. If your invoice terms or your signed agreement state a late payment rate, that agreed rate governs. If they are silent you fall back to the default legal rate in your state, which is normally much lower, and in some states you have no right to charge interest at all without an agreement.
  • The agreed rate still has a ceiling. The general usury limit in the table below is the cap on what you were allowed to agree. Setting 2% a month in your terms does not make 24% lawful in a state whose ceiling is 8%.

The practical trap is the rate already on the template. A great many invoice terms carry 1.5% per month, which is 18% a year.

18% a year is over the general ceiling in 23 of the 51 jurisdictions. Counted from the table below rather than estimated: Alabama, Arkansas, California, Connecticut, Georgia, Hawaii, Illinois, Kansas, Louisiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Texas, Vermont, Virginia, West Virginia. A further 15 set their ceiling by formula, so whether 18% clears depends on where the benchmark sits the day the rate is agreed.

That does not make 1.5% a month the wrong rate to charge. It makes it a rate to check before it reaches the invoice, because in most of those 23 jurisdictions the exemption for a business customer is what decides it. A rate that is unlawful against a consumer is frequently lawful against a company, in the same state, on the same day.

Once you have picked a lawful rate, something has to apply it

Late fees only change behavior if they arrive on time, every time, without someone remembering to add them. Paidnice applies your interest and late fee rules automatically in Xero and QuickBooks at the rate you set, per customer or per invoice.

Work out the interest on a specific overdue invoice

How a state decides whether the exemption reaches you

Almost every guide to this subject reduces it to business against consumer. That framing is wrong for more than half the country, because states use four different tests and only one of them asks what kind of entity is borrowing.

Entity based, 15 jurisdictions

The exemption keys off what the borrower is. Louisiana lists the qualifying forms outright in R.S. 9:3509(A), down to partnerships in commendam and registered LLPs. Missouri's section 408.035 reaches corporations, general and limited partnerships and LLCs.

Purpose based, 9 jurisdictions

The exemption keys off what the money is for, and incorporating changes nothing. Virginia's section 6.2-317 bars the usury defense on a loan for business or investment purposes of $5,000 or more, and corporate status by itself does not qualify. California has no corporate carve-out at all; the higher ceiling attaches to the purpose.

Amount based, 12 jurisdictions

The exemption keys off the size of the principal and ignores the borrower entirely. Alaska's ceiling stops applying above $25,000. Alabama's stops at $2,000. A large consumer loan can sit outside the cap while a small business loan sits inside it.

No exemption at all, 15 jurisdictions

The ceiling reaches commercial credit on the same terms as consumer credit. Arkansas applies 17% flat with no consumer split. Colorado's 45% applies whatever the borrower is. New Jersey gives corporations no civil carve-out from its 16% ceiling.

Check which test your state uses before you rely on the exemption. A sole trader is not a corporation. A business purpose loan to an individual is not a corporate loan. In a purpose state, forming a company to escape the cap does nothing, and several states apply anti-evasion doctrine where a corporation is formed for that reason alone. The test decides it, not the label.

Why credit card rates exceed every state ceiling

The most common reason a figure on this page does not match a rate someone is actually being charged is federal preemption, and it applies to a large share of consumer credit in the country.

  • Rate exportation. Under the National Bank Act as read in Marquette National Bank v. First of Omaha Service Corp. (1978), a national bank may charge customers anywhere in the country the rate permitted by the state where the bank is located. State chartered banks got equivalent treatment under the Depository Institutions Deregulation and Monetary Control Act of 1980.
  • What that produced. Issuers relocated to the states whose law let them charge the rate they wanted. South Dakota, which appears in the table above with no general usury limit at all, and Delaware, whose general ceiling is a moving formula tied to the Federal Reserve rate rather than a fixed cap, host a disproportionate share of national card operations for exactly this reason.
  • What still binds. State ceilings continue to apply to lenders that are not exporting a rate: private lenders, many state licensed consumer lenders, some credit unions and store cards, and ordinary commercial creditors such as a business charging interest on its own overdue invoices.
  • The federal floor that does exist. The Military Lending Act caps most consumer credit to active duty service members and their dependants at a 36% Military Annual Percentage Rate, which overrides any higher state ceiling.

What happens to a lender who charges over the limit

The consequence is not a refund of the excess. In most states it is worse than that, and it is the reason a rate should be checked before it goes into an agreement rather than after a dispute.

  • All interest forfeited. Louisiana forfeits the entire interest contracted for, not merely the overcharge. Minnesota does the same.
  • Principal at risk. North Dakota forfeits all the interest plus 25% of principal, and lets a borrower who already paid recover twice what they paid. Arkansas voids a usurious contract as to principal and interest, so an overcharge can cost the lender the debt itself.
  • Multiplied damages. Delaware sets the remedy at three times the excess interest or $500, whichever is greater, if the borrower sues within a year. Kansas takes the excess plus an equal sum off principal plus the borrower's legal costs.
  • The defense cannot be signed away. New York voids any contractual waiver of the usury defense executed before, at, or within 60 days after the money is advanced.

Ignorance is not a defense in any of them, and a rate both parties signed is not saved by the signature. Where a usurious agreement can be fixed, it is fixed by writing a lawful rate and returning what was overcharged.

Criminal usury is a different line, and the one most often misquoted

Several states run two limits. A civil ceiling, above which the interest is unenforceable, and a separate criminal threshold, above which charging it is an offense. They sit in different statutes and the gap between them is usually wide.

A rate between the two is not lawful. It is only not criminal. The interest is still unenforceable, and in several states the penalty for passing the civil ceiling is forfeiting all the interest contracted for. Louisiana forfeits the entire interest outright.

These four figures are widely published as ceilings, and none of them is one. Georgia's 5% a month above $3,000, Massachusetts's 20%, New Jersey's 30% and 50%, and Ohio's 25% are all criminal thresholds. The civil positions are different and lower: Georgia sets no civil ceiling above $3,000 at all, Massachusetts sets none, New Jersey's is 16% and Ohio's is 8%. Quoting the criminal number as the cap overstates what you may lawfully charge, in Ohio's case by more than three times.

Where a state does set one, the criminal figure is worth knowing for what it is. New York starts criminal usury at 25% against a 16% civil ceiling. Florida sets its line at 25%. Indiana sets it at twice the top supervised loan rate. Massachusetts is unusual, in that a lender can step outside its 20% line by notifying the Attorney General in advance. Colorado is the exception that proves the rule: its criminal line sits at the same 45% as its civil ceiling rather than above it.

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Frequently asked questions

What is the maximum interest rate allowed by law?

There is no single national maximum. Interest ceilings are set state by state, and within a state they differ by the type of obligation and often by the type of borrower. The general contract ceilings on this page run from 6% in Pennsylvania up to 45% in Colorado, and 13 jurisdictions set no general limit at all. Separately, national banks may export the rate allowed by their home state under federal law, which is why a credit card issued from Delaware or South Dakota can carry a rate no local usury statute would permit.

What is the highest interest rate you can legally charge?

The maximum legal interest rate varies significantly by state. Among the states that set a general limit in statute, the range runs from 6% in Pennsylvania to 45% in Colorado, and 13 jurisdictions set no general limit at all on a rate agreed in writing. It also depends on the kind of credit and on who is borrowing. Thirteen jurisdictions set no general ceiling at all on a rate agreed in writing, so there is no maximum to exceed. Among the states that do state one outright, the range runs from 6% to 45% for the same kind of written agreement. Most states also set a lower rate that applies when nothing was agreed, and a third rate again once a court enters judgment. Separately, a national bank may charge the rate its own home state allows to a customer anywhere in the country, which is why a credit card rate can exceed every figure on this page.

Is a 30% interest rate legal?

It depends entirely on who is lending, who is borrowing and which state law governs. A 30% rate is well above the general usury ceiling in most states and would be unlawful for an ordinary private loan in, for example, Alabama at 8% or Illinois at 9%. It is squarely lawful in states with no general limit such as New Hampshire, Nevada and South Dakota, and it is routinely lawful on a credit card issued by a national bank regardless of your own state, because of federal rate exportation. It may also be lawful in a state with a low ceiling if the lender is a licensed consumer lender operating under a separate statute.

Do usury laws apply to all types of loans?

No, many states have exceptions for specific types of loans. Credit cards are often subject to the issuing bank home state laws rather than the borrower state. Mortgage loans are frequently exempted from state usury limits. Auto loans may have higher permissible interest rates than unsecured personal loans. Business and commercial loans are often subject to different and higher limits than consumer loans. Payday loans attract specific regulations in some states for short-term, high-interest lending.

What interest rate can I charge on an overdue invoice?

Whatever rate your customer agreed to in writing, up to your state usury ceiling for that kind of obligation. If your terms specify a late payment rate, that agreed rate governs and the general usury limit in the table above is the cap. If your terms are silent, you generally fall back to the state default legal rate, which is usually much lower, and in some states you may not be able to charge interest at all without an agreement. A common commercial practice is 1.5% per month, which is 18% a year, and that figure exceeds the general ceiling in a substantial number of states once the borrower is a consumer. Check your own state row before printing a rate on your invoice template.

How do federal regulations affect state usury laws?

Federal regulations can supersede state usury laws in several important ways. The National Banking Act allows nationally chartered banks to charge interest rates permitted in their home states, regardless of borrower location. The Depository Institutions Deregulation and Monetary Control Act of 1980 preempts state usury caps for many types of federally related loans. Federal credit union laws set specific rate limits for federal credit unions that can override state limits. The Military Lending Act caps rates for active-duty service members and dependants at 36% APR regardless of state law. These federal preemptions can create situations where lenders may legally charge rates that exceed state usury caps.

Do usury laws apply to business loans?

Often not, or not in the same way. Many states exempt corporate borrowers, commercial and business purpose loans, or loans above a threshold amount from their general usury ceiling. In the data on this page, 15 jurisdictions carry an explicit business, corporate or non-consumer distinction in their general limit. Louisiana, Missouri and Wisconsin remove the limit entirely for corporations, Virginia removes it for corporations and business loans over $5,000, and South Carolina removes it for non-consumer transactions. Note that several of those states also have anti-evasion rules: forming a corporation for the sole purpose of escaping the usury cap is a well-litigated tactic and does not reliably work.

Can I form a corporation to avoid usury limits?

No, this strategy generally will not work. While many states do have higher usury limits or exemptions for loans to businesses or corporations, courts look at the substance of transactions rather than just their form. If a court determines that a corporation was formed solely to evade usury laws for what is effectively a personal loan, the usury laws will still apply. This is sometimes referred to as looking at the true purpose of the loan. Several states, including Louisiana, Missouri and Wisconsin, explicitly warn in their statutes that forming a corporation specifically to circumvent usury laws will not protect the lender from usury violations.

Who is exempt from usury laws?

The common exemptions are national banks and federally insured institutions, which may export their home state rate under the National Bank Act and the Depository Institutions Deregulation and Monetary Control Act; licensed consumer lenders, pawnbrokers and small loan companies operating under a separate licensing statute with its own ceiling; corporate and commercial borrowers in the states that exempt them; and in many states loans above a stated dollar threshold. Certain transactions are also treated as not being loans at all, such as time price differentials on retail installment sales, which is why store financing can look like it exceeds a state ceiling.

What is the maximum credit card interest rate by state?

For most cards the answer is that your own state ceiling does not control it. Under Marquette National Bank v. First of Omaha (1978) a national bank may charge the rate permitted by the state where the bank is located to customers anywhere in the country. That is why so many issuers are based in South Dakota, which sets no general usury limit at all, and in Delaware, whose general ceiling is a formula tied to the Federal Reserve rate rather than a fixed cap. Your state figure in the table above applies to lenders that are not exporting a rate this way, and state ceilings do still bite on some store cards, credit union cards and cards issued by state-chartered lenders. The main federal exception is the Military Lending Act, which caps most consumer credit to active duty service members and their dependants at 36% Military Annual Percentage Rate.

What is the difference between the legal rate and the usury limit?

The legal interest rate is a baseline figure set by state law that typically applies where no specific interest rate has been agreed in a contract, or for certain court judgments. It serves as a default rate. The general usury limit is the maximum interest rate a lender can charge on loans and other credit agreements under normal circumstances, and it is the main ceiling that prohibits excessive interest rates. They are usually different numbers and the gap can be wide. In Alabama the legal interest rate is 6% while the general usury limit is 8%, so when no rate is specified 6% applies and an agreed rate may run to 8%. Even that is only half the rule: Alabama lifts the ceiling entirely once principal reaches $2,000. New Jersey sets a legal rate of 6% and a general limit of 16%. The 30% and 50% figures usually quoted for New Jersey are its criminal usury thresholds, not its civil ceiling.

What happens if a lender charges more than the usury limit?

The consequence varies sharply by state and is one of the reasons this is not a subject to guess at. Some states make the excess interest alone unrecoverable. Some forfeit all interest on the loan. A few forfeit principal as well, and several attach criminal liability above a higher threshold, which is where the term criminal usury comes from: New York at 25% against a 16% civil limit, Ohio at 25% against an 8% civil ceiling, and Florida at 25%. Colorado is the odd one out, setting its criminal line at the same 45% as its civil ceiling rather than above it. Penalties this severe are the reason a written agreed rate should be checked against the ceiling before it is used, not after a dispute.

Is it illegal to charge 100% interest on a loan?

Under every general usury ceiling in the table on this page, yes. No state sets its general contract ceiling anywhere near 100%. Where triple digit rates are advertised lawfully, the lender is not operating under the general usury chapter at all: it holds a license under a small loan or deferred deposit statute that carries its own cap, or it is a bank exporting the rate its home state allows. The general ceiling and the rate on a high cost product are set by different statutes, which is why both can be true at the same time.

What is legally considered usury?

Usury is charging interest above the rate the law allows. It describes the overcharge rather than the loan, so a lender charging a lawful rate is not a usurer however high that rate looks, and a lender charging a point over the ceiling is, however small the excess. Which ceiling applies depends on the state whose law governs the agreement, on the kind of credit, and in many states on whether the borrower is a business.

Which states have the highest interest rates?

Thirteen jurisdictions place no general ceiling at all on a rate agreed in writing, so nothing in their general usury law limits it. Among the states that do state a ceiling, Colorado is the highest at 45% and Pennsylvania the lowest at 6%. A high ceiling and no ceiling are not the same thing: several states with no general limit cap licensed lenders separately, so reading the general chapter alone would not tell you what a consumer can be charged there.

What is the maximum interest rate on a car loan?

Usually not the figure in the table on this page. Vehicle finance is normally written under a motor vehicle retail installment or sales finance act rather than the general usury chapter, and those statutes carry their own rate schedules, which often vary with the age of the vehicle. A dealer arranged rate above the general ceiling is commonly lawful for that reason rather than in spite of it. Check your state motor vehicle finance statute, not its general usury limit.

Does a written agreement override the state usury limit?

A written agreement overrides the default legal rate, but it does not override the usury ceiling. Those are two different things and conflating them is the most common mistake on this subject. Agreeing a rate in writing moves you from the default legal rate up to whatever you agreed, and the general usury limit is the ceiling on what you were allowed to agree. A rate above the ceiling is not saved by the fact that both parties signed it, which is precisely what usury statutes exist to prevent.

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