13-01-14. Late payment charge on accounts receivable - Exceptions.
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/nd/title-13/chapter-13-01-general-provisions/13-01-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A creditor may charge, receive, and collect a late payment charge on all money due on
account from thirty days after the obligation of the debtor to pay has been incurred. A
creditor may assign an account receivable that is subject to this section. An assignee
of an account receivable has the same right to charge a late payment charge as does
an original creditor for the assigned account receivable.
2. The late payment charge allowed under this section may not exceed one and
three-fourths percent per month.
3. The late payment charge allowed under this section may not be charged unless, when
the obligation was incurred, the creditor did not intend to extend any credit beyond
thirty days and any late payment of the obligation was unanticipated.
4. This section does not apply to:
a. Money due on retail installment contracts, as defined in chapter 51-13.
b. Money due on revolving charge accounts, as defined in chapter 51-14.
c. Money due a medical services provider on accounts receivable for medical bills.