Doesthe lawlimit excessive late fees when none stipulated in bill or agreement?
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Doesthe lawlimit excessive late fees when none stipulated in bill or agreement?
We retained a landscaping service to do our landscaping. The services consisted of mowing and occasional trimming, leafing, and raking. A rate was agreed upon and nothing else. We have had the service for about four months. 2 months ago, we left the county for an extended work assignment. We came back to find three bills for prior services. 2 were for current services and did not include any notice on late fees or late payment. A 3d bill came which imposed late fees of $25 for bills unpaid after 30 days – this represents a late fee in excess of 30%.
Asked on October 8, 2011 under Bankruptcy Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are wise to have mentioned the agreement that you entered into and the invoice in that the written agreement signed by you and the landscaping service controls the obligations owed to you by the landscaper and vice versa in the absence of conflicting state law.
If you have carefully read your agreement with the landscaper and there is no reference in any of the documents that you signed concerning the 30% late fee, then most likely the landscaper cannot charge such a fee and it is a penalty in violation of public policy that is void.
In many invoices there is a 1.5% finance charge for the unpaid invoice (18% per annum) which is allowable in most states.
Given the circumstances on the perceived excessive charges, I suggest that you contact the landscaping company and discuss your displeasure for these seemingly excessive charges.
Good luck.
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