State Statutes

Alabama thru Montana

Alabama

INTEREST RATE

  • Legal: 6%
  • Judgment: 12% (Unless otherwise contracted)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Written Contract: 6
  • Domestic Judgment: 20
  • Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)

  • Greater of $10 or Actual Bank Charges

GENERAL GARNISHMENT EXEMPTIONS

  • 75% of wages are exempt from garnishment.
alaska

INTEREST RATE

  • Legal: 9.25% (for 2007) Re-set every Jan 2
  • Judgment: 9.25% (for 2007) or contractual

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 4
  • Written Contract: 6
  • Domestic Judgment: 10
  • Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • Damages in amount equal to $100 or triple the amount of the check, whichever is greater, but no more than $1000 over the amount of the check.

GENERAL GARNISHMENT EXEMPTIONS

  • $438 per week for earning exemption. May be increased to $688 per week if qualified for head of household (no one else in household earning any money).
arizona

INTEREST RATE

  • Legal: 10%
  • Judgment: 10% or contractual

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Domestic Written Contract: 6
  • Foreign Written Contract: 4
  • Domestic Judgment: 5 (additional 5 upon request indefinitely)
  • Foreign Judgment: 4

BAD CHECK LAWS (CIVIL PENALTY)

  • Twice the amount of check, costs of suit, reasonable attorney fees.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law.
arkansas

INTEREST RATE

  • Legal: 6% of 5 points above the Fed. discount rate
  • Judgment: Contract rate of 10% per annum, whichever is greater

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3 (except medical which is 2 years)
  • Written Contract: 5 (partial payment stops the statute from running)
  • Sale of Goods (UCC-2): 4
  • Domestic Judgment: 10 renewable
  • Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • Twice amount of check, prior to double charge, can start out with $25 charge per NSF check after 30 days.

GENERAL GARNISHMENT EXEMPTIONS

  • $500 head of family; $200 single. Includes personal property except clothing. Homestead Exemptions: 1/4 acre plus home in city (urban). 80 acres plus home is country (rural).
california

INTEREST RATE

  • Legal: 10%
  • Judgment: 10% (Unless otherwise contracted)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 2 (no writing)
  • Open Account: 4 (reduced to writing)
  • Written Contract: 4
  • Domestic Judgment: 10 (renewable at 10)
  • Foreign Judgment: 10 (commencing with judgment debtor’s commencement of CA residence.)

BAD CHECK LAWS (CIVIL PENALTY)

  • Amount due, treble damages – minimum $100 maximum $1500 per check.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law. Exemptions for necessities of life. (*California is a community property state)
colorado

INTEREST RATE

  • Legal: 8%
  • Judgment: 8% (or higher if specified in contract or note)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Written Contract: 6 (signed promissory note)
  • Written Contract Goods Service: 3
  • Domestic Judgment:
    – District Court-20 (renewable every 20)
    – County Court-6 (renewable every 6)
  • Foreign Judgment: 6 in CO.

BAD CHECK LAWS (CIVIL PENALTY)

  • Treble damages & Reasonable Fees

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law.
connecticut

INTEREST RATE

  • Legal: 8%
  • Judgment: 10% (Unless otherwise contracted)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 6
  • Written Contract: 6
  • Oral Contract: 3
  • Sale of Goods (UCC): 4
  • Domestic Judgment: 20/25
  • Small Claims (less than > $3500) Judgment: 10/15
  • Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)

  • Personal liability of signatory on corporate claims unless signed in corporate capacity. Liability of drawer, if no account, damages equal to lesser of $750 or face amount of check. For insufficient of funds, lesser of $400 or face amount of check.

GENERAL GARNISHMENT EXEMPTIONS

  • 25% you may garnish disposable earnings each week, or 40 x fed. min hourly wage, which ever is less.
delaware

INTEREST RATE

  • Prejudgment interest at legal rate: 6% (as of 12/2002) or contractual rate.
  • Post-judgment interest at legal or contract rate

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 4
  • Sales of Goods (UCC): 4
  • Written Contract: 3
  • Promissory Notes: 6
  • Personal Injury and Damage to Personal Property: 2
  • Judgments: 10
  • Justice of the Peace Court: 3
  • Superior Court: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • N/A

GENERAL GARNISHMENT EXEMPTIONS

  • Wage garnishment may not exceed 15% of disposable earnings or reduce disposable earnings to less than $150.00 a week.
florida

INTEREST RATE

  • Legal: 11% or up to 18% maximum contractual rate if so agreed.
  • Judgment: 11%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 4
  • Written Contract: 5
  • Domestic Judgment: 20 yr duration, if recorded acts as lien on non-homestead real property for 10 yrs; may be recorded for an additional 10 yrs. (Reflects current recording requirements)
  • Foreign Judgment: Same duration as domestic if under F.S. 55.501 et seq

BAD CHECK LAWS (CIVIL PENALTY)

  • Initially face value of check plus $25.00 – $40.00, depending upon amount of check, or %5 of value, whichever is greater. If suit is required, after 30 day demand, treble amount in addition to amount owed, bank & court costs & reasonable attorney fees.

GENERAL GARNISHMENT EXEMPTIONS

  • FL has opted out of federal bankruptcy exemptions. 100% head of household. Liberal Homestead Exemption – Life insurance proceeds and/or cash value of policy, disability income, pension monies and retirement funds are exempt.
georgia

INTEREST RATE

  • Legal: 7%
  • Judgment: Prime + 3%
  • Commercial Accounts: 18%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 4
  • Written Contract: 6
  • Domestic Judgment: 7
  • Foreign Judgment: 5

BAD CHECK LAWS (CIVIL PENALTY)

  • After 10 day written demand double damages up to $500 and service charge of $25 or 5%, whichever is greater.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law. City, County & State employees may be garnished.
hawaii

INTEREST RATE

  • Legal: 10%
  • Judgment: 10% (no written contract)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 6
  • Written Contract: 6
  • Sale of Goods: 4
  • Domestic Judgment: 10
  • Foreign Judgment: 6 for regis./10 after regis.

BAD CHECK LAWS (CIVIL PENALTY)

  • Damages equal to $100 or triple amount of check, not to exceed $500.

GENERAL GARNISHMENT EXEMPTIONS

  • 95% of 1st $100, 90% of 2nd $100, 80% net wages in excess of $200 per mo. or federal limits, whichever is greater.
idaho

INTEREST RATE

  • Legal: 12%
  • Judgment: 10.125% as of July 1, 2006 (changes every July)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 4
  • Written Contract: 5
  • Oral Contract: 4
  • Domestic Judgment: 5 renewable
  • Foreign Judgment: 6 renewable

BAD CHECK LAWS (CIVIL PENALTY)

  • Triple amount of check (minimum $100) up to $500 over the check amount.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law.
illinois

INTEREST RATE

  • Legal: 5%
  • Judgment: 9%

STATUTE OF LIMITATIONS (IN YEARS)

  • Sales (UCC): 4
  • Construction Cases: 4
  • Open Account: 5
  • Written Contract: 10
  • Domestic Judgment: 20
  • Foreign Judgment: Same as foregin jurisdiction

BAD CHECK LAWS (CIVIL PENALTY)

  • Triple check amount up to $500, attorney fees & court costs.

GENERAL GARNISHMENT EXEMPTIONS

  • 15% of gross wages or disposable earings for workweek up to 45 x fed. min. hourly wage, whichever is greater.
indiana

INTEREST RATE

  • Legal: 8%
  • Judgment: 8%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 6
  • Written Contract (for payment of money before 9/1/1982): 10
  • Written Contract (for payment of money after 8/31/1982): 6
  • Written Contract (for other than payment of money before 9/1/1982): 20
  • Written Contract (for other than payment of money after 8/31/1982): 10
  • Written Contract for sale of goods: 4
  • Domestic Judgment: 10 on real estate (renewable for additional 10); 20 against the person
  • Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • Triple check amount up to $500 over check amount, + attorney fees & interest up to 18% per annum or triple check amount + attorney fees and interest at 8% per annum.

GENERAL GARNISHMENT EXEMPTIONS

  • 75% of disposable earnings for work week or the amount of 30 x fed. min. hourly wage, whichever is greater.
iowa

INTEREST RATE

  • Legal & Judgment: legal floating rate per T-Bill

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 5
  • Written Contract: 10
  • Domestic Judgment: 10 – can be renewed in th 9th year
  • Foreign Judgment: 10 – can be renwed in the 9th year

BAD CHECK LAWS (CIVIL PENALTY)

  • 537.2501G allows 5% of check or $20.00, whichever is greater. 625.22 allows for reasonable attorney fees.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law.
kansas

INTEREST RATE

  • Legal: 10%
  • Judgment: 6.25%
  • Limited Actions: 12%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Sale of Goods: 4
  • Written Contract: 5
  • Domestic Judgment: 5 renewable
  • Foreign Judgment: 5 renewable

BAD CHECK LAWS (CIVIL PENALTY)

  • Three times check amount not exceeding the check amount by $500 or $100, whichever is greater plus attorney fees.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law. Plus other personal property, benefit exemptions, and homestead.
kentucky

INTEREST RATE

  • Legal: 8%
  • Judgment: 12%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 5
  • Written Contract: 15
  • Oral Contract: 5
  • Domestic Judgment: 15
  • Foreign Judgment: 15
  • Sale of Goods: 4
  • Promissory Notes: 6

BAD CHECK LAWS (CIVIL PENALTY)

  • N/A

GENERAL GARNISHMENT EXEMPTIONS

  • 75% of disposable income or 30 x fed. min. hourly wage, whichever is greater.
louisiana

INTEREST RATE

  • Legal: 9.5% from 01/01/02007
  • Judgment: 9.5% from 01/01/02007

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Written Contract: 10
  • Promisoory notes: 5
  • Domestic Judgment: 10
  • Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • After 30 day written demand (certified or registered), twice check amount, plus attorney fees & court costs.

GENERAL GARNISHMENT EXEMPTIONS

  • 75% disposable earnings per work week, but not less than 30 x fed. min. hourly wage.
maine

INTEREST RATE

  • Legal: T-Bill rate + 3%
  • Judgment: T-Bill Rate + 6% (4.36% for 2006) (4.99% for 2007)

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 6
  • Sale of Goods: 4
  • Written Contract: 6 + 20 (with attestment)
  • Domestic Judgment: 20
  • Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)

  • Amount due, court costs, service costs & collection costs.

GENERAL GARNISHMENT EXEMPTIONS

  • You may garnish 25% of disposable income or the amount by which a debtor’s income exceeds the minimum wage, whichever is less; after judgment only.
maryland

INTEREST RATE

  • Legal: 6%
  • Judgment: 10% or contractual

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Written Contract: 3
  • UCC: 4
  • Specialty: 12 (contract under seal)
  • Domestic Judgment: 12
  • Foreign Judgment: 12

BAD CHECK LAWS (CIVIL PENALTY)

  • After 30 day written notice, amount due, $25 fee, twice check amount up to $1000. (At the discretion of the court.) Applies to COD sales only.

GENERAL GARNISHMENT EXEMPTIONS

  • 1) The greater of (a) 75% of the disposable wages due; OR (b) 30 times the federal minimum hourly wages under the Fair Labor Standards Act in effect at the time the wages are due; AND 2) any medical insurance payment deducted from an employee’s wages by the employer. Other federal exemptions may be available. Disposable wages means the part of wages that remain after deduction of any amount required to be withheld by law.
MASSACHUSETTS

INTEREST RATE

  • Legal: 12%
  • Judgment: 12%
  • Contract: 12%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account on Contract: 6
  • Contract: 6
  • Sales (UCC) Contract: 4
  • Specialty: Contract Under Seal: 20
  • Domestic Judgment: 20 (presumed satisfied after 20 years)
  • Foreign Judgment: 20

BAD CHECK LAWS (CIVIL PENALTY)

  • Amount due, costs of suit, protest fees. Additional damages $100 – $500 can be assesed.

GENERAL GARNISHMENT EXEMPTIONS

  • $125 per week
michigan

INTEREST RATE

  • Legal: 5% (7% if in writing)
  • Usury Limit: 25%
  • Judgment: 1% over the US Treasury nore (it changes Jan. 1 & July 1) unless there is a contract in which event the rate of interest is governed by the contract.

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 6
  • Written Contract: 6
  • Sales (UCC) Contract: 4
  • Domestic Judgment: 10 renewable
  • Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • Twice the amount of check, no to exceed $500. Retail Claims – Notice Requirements.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law.
minnesota

INTEREST RATE

  • Legal: 6%
  • Judgment: 5% for 2007 changes anually
  • Business or Agricultural Loan: 4.5% over federal discount rate

STATUTE OF LIMITATIONS (IN YEARS)

  • Goods Sold & Delivered (UCC): 4
  • Contract for Sale: 4
  • Lease Contract: 4
  • Note Payable: 6
  • Open Account: 6
  • Written Contract: 6
  • Transportation Service: 3
  • Domestic Judgment: 10
  • Foreign Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • $100 or up to 100% of the value of the check, whichever is greater, plus interest at the rate payable on judgments on the face amount of check, plus reasonable attorney fees if aggregate amount of checks within 6 month period os over $1250.

GENERAL GARNISHMENT EXEMPTIONS

  • Greater of 75% or amount = to 40 x fed. min. hourly wage.
mississippi

INTEREST RATE

  • Legal: 8%
  • Judgment: amount is contract, if no contract amount – court decides.

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 3
  • Written Contract: 3
  • Sales (UCC) Contract: 6
  • Domestic Judgment: 7
  • Foreign Judgment: 7 (3 if resident)
  • Deficiency Suit: 1 year from date of sale

BAD CHECK LAWS (CIVIL PENALTY)

  • On checks up to and including $25.00, additional damages would be 100% of check amount. On checks from $25.01 to $200.00, additional damages would be 50% of check amount but not less that $25.00. On checks over $200.00, additional damages would be 25% of check amount.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law. State Law: 30 days wages after service of process.
missouri

INTEREST RATE

  • Legal: 9%
  • Judgment: 9%

STATUTE OF LIMITATIONS (IN YEARS)

  • Sale of Goods: 4
  • Open Account: 5
  • Written Contract: 10
  • Sales (UCC) Contract: 4
  • Money & Property:
  • Domestic Judgment: 10 (revived every 10 years)
  • Foreign Judgment: 10 (revived every 10 years)

BAD CHECK LAWS (CIVIL PENALTY)

  • Three times face amount owed plus attorney’s fees.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law; exempt 90% of week’s pay, head of household, single person w/o dependable = 75%.
montana

INTEREST RATE

  • Legal: 10%
  • Judgment: 10%
  • A binding written agreement may provide for interest of 15% or 6% above prime

STATUTE OF LIMITATIONS (IN YEARS)

  • Tort Claim (Subrogation) Prop & Personal: 3
  • Open Account: 5
  • Written Contract: 8
  • Domestic Judgment: 10
  • Justice of Peace Judgment: 10

BAD CHECK LAWS (CIVIL PENALTY)

  • $100 minimum or 3 times fave value up to $500 plus face value of check and under UCC the value of the check plus $30 service charge per check.

GENERAL GARNISHMENT EXEMPTIONS

  • See federal law. State law provides for executions.