Interest on unpaid invoices in West Virginia: 6% a year if no rate was agreed; the most you can set depends on the deal

West Virginia's rate when no rate was agreed

6% a year. Legal interest is $6 per $100 a year (6%) except where law specially provides otherwise; above that needs a written contract. In court, an obligation under a written agreement carries prejudgment interest at the agreement's rate; otherwise prejudgment interest on special or liquidated damages is the court-set rate (Fifth District discount rate + 2 points, 4%–9%) — 6.25% for 2026 per the Supreme Court's Administrative Office.

Worth knowing: interest on a court judgment. Prejudgment/post-judgment interest (W. Va. Code § 56-6-31): Fifth Federal Reserve District secondary discount rate on Jan 2 + 2 points, min 4%, max 9% — 6.25% for 2026 (Supreme Court of Appeals Administrative Office).

• “(a) Except in cases where it is otherwise specially provided by law, legal interest shall continue to be at the rate of $6 upon $100 for a year, and proportionately for a greater or less sum, or for a longer or shorter time, and no person upon any contract other than a contract in writing shall take for the loan or forbearance of money, or other thing, above the value of such rate” — W. Va. Code § 47-6-5(a), read November 6, 2026
• “If an obligation is based upon a written agreement, the obligation bears prejudgment interest at the rate and terms set forth in the written agreement until the date the judgment or decree is entered” — W. Va. Code § 56-6-31(b), read November 6, 2026
• “the rate of prejudgment interest is two percentage points above the Fifth Federal Reserve District secondary discount rate in effect on January 2, of the year in which the right to bring the action has accrued, as determined by the court and that established rate shall remain constant from that date until the date of the judgment or decree, notwithstanding changes in the federal reserve district discount rate in effect in subsequent years prior to the date of the judgment or decree: Provided, That the rate of the prejudgment interest may not exceed nine percent per annum or be less than four percent per annum.” — W. Va. Code § 56-6-31(b)(1), read November 6, 2026
• “The rate of interest on judgments and decrees entered in 2026, therefore, is set at 6.25 percent.” — Supreme Court of Appeals of West Virginia, Administrative Office — 2026 interest rate on judgments and decrees (W. Va. Code § 56-6-31), read November 6, 2026

The most you can set in West Virginia

For a homeowner: 8% a year by written contract for the loan or forbearance of money (§ 47-6-5(b)); for a consumer credit sale of goods or services, a seller may contract for a sales finance charge up to 18% a year on the first $1,500 financed and 12% above that (§ 46A-3-101; revolving charge accounts excluded from that section). It depends: see W. Va. Code §§ 47-6-5, 46A-3-101. Consumer credit sale = sale to a non-organization, primarily personal/family/household/agricultural, payable in installments or with a finance charge.

For a business customer: No usury limit for corporations, partnerships and LLCs, and none for business-purpose debts from a loan or installment sale (for a natural person only if the debt is $20,000 or more). W. Va. Code §§ 47-6-10, 47-6-11.

• “(b) Parties may contract in writing for the payment of interest for the loan or forbearance of money at a rate not to exceed $8 upon $100 for a year” — W. Va. Code § 47-6-5(b), read November 6, 2026
• “With respect to a consumer credit sale, other than a sale of real estate subject to the provisions of section one hundred two of this article or a sale pursuant to a revolving charge account, a seller may contract for and receive a sales finance charge not exceeding eighteen percent per year on that part of the unpaid balance of the amount financed which is $1,500 or less and twelve percent per year on that part of the unpaid balance of the amount financed which is in excess of $1,500 calculated according to the actuarial method.” — W. Va. Code § 46A-3-101(1), read November 6, 2026
• “"consumer credit sale" is a sale of goods, services or an interest in land in which: (i) Credit is granted either by a seller who regularly engages as a seller in credit transactions of the same kind or pursuant to a seller credit card; (ii) The buyer is a person other than an organization; (iii) The goods, services or interest in land are purchased primarily for a personal, family, household or agricultural purpose; (iv) Either the debt is payable in installments or a sales finance charge is made;” — W. Va. Code § 46A-1-102 (definition of "consumer credit sale"), read November 6, 2026
• “No corporation, partnership, limited partnership or limited liability company may interpose the defense of usury in any civil action” — W. Va. Code § 47-6-10, read November 6, 2026
• “No law limiting interest rates or providing for forfeiture, penalty, or other loss or liability because of the rate of interest charged may be applied: (1) To any debt that is incurred by a loan, installment sale, or other similar transaction, and is incurred primarily for a business purpose;” — W. Va. Code § 47-6-11, read November 6, 2026
• “Provided, That if the debt described in subdivision (1) of this section is incurred by a natural person, the provisions of this section shall not apply unless such debt is in a principal amount of $20,000 or more.” — W. Va. Code § 47-6-11, read November 6, 2026

Late fees in West Virginia

What the text says: Consumer credit sales/consumer loans repayable in installments (non-precomputed): if contracted for, a delinquency charge of 5% of the unpaid installment, max $30, only on an installment not paid in full within 10 days after due, collected once per installment. Consumer credit sales and consumer loans repayable in installments (W. Va. Code ch. 46A).

• “the parties may contract for a delinquency charge on any installment not paid in full within ten days after its scheduled due date of five percent of the unpaid amount of the installment, not to exceed $30.” — W. Va. Code § 46A-3-113(1), read November 6, 2026
• “(2) A delinquency charge under subsection (1) of this section may be collected only once on an installment however long it remains in default.” — W. Va. Code § 46A-3-113(2), read November 6, 2026
• “"consumer credit sale" is a sale of goods, services or an interest in land in which: (i) Credit is granted either by a seller who regularly engages as a seller in credit transactions of the same kind or pursuant to a seller credit card; (ii) The buyer is a person other than an organization; (iii) The goods, services or interest in land are purchased primarily for a personal, family, household or agricultural purpose; (iv) Either the debt is payable in installments or a sales finance charge is made;” — W. Va. Code § 46A-1-102 (definition of "consumer credit sale"), read November 6, 2026

Does West Virginia want it agreed in advance?

Agreed in advance: yes, in the cases below. Interest above 6% requires a contract in writing (§ 47-6-5(a)-(b)); the consumer delinquency charge applies only if 'the parties may contract for' it (§ 46A-3-113).

• “(a) Except in cases where it is otherwise specially provided by law, legal interest shall continue to be at the rate of $6 upon $100 for a year, and proportionately for a greater or less sum, or for a longer or shorter time, and no person upon any contract other than a contract in writing shall take for the loan or forbearance of money, or other thing, above the value of such rate” — W. Va. Code § 47-6-5(a), read November 6, 2026
• “(b) Parties may contract in writing for the payment of interest for the loan or forbearance of money at a rate not to exceed $8 upon $100 for a year” — W. Va. Code § 47-6-5(b), read November 6, 2026
• “the parties may contract for a delinquency charge on any installment not paid in full within ten days after its scheduled due date of five percent of the unpaid amount of the installment, not to exceed $30.” — W. Va. Code § 46A-3-113(1), read November 6, 2026

Homeowners and businesses in West Virginia

Consumer credit sales (buyer not an organization, primarily personal/family/household/agricultural) get the 18%/12% finance-charge cap and the 5%/$30 delinquency-charge cap; business-purpose debts and business entities are outside the usury laws.

• “"consumer credit sale" is a sale of goods, services or an interest in land in which: (i) Credit is granted either by a seller who regularly engages as a seller in credit transactions of the same kind or pursuant to a seller credit card; (ii) The buyer is a person other than an organization; (iii) The goods, services or interest in land are purchased primarily for a personal, family, household or agricultural purpose; (iv) Either the debt is payable in installments or a sales finance charge is made;” — W. Va. Code § 46A-1-102 (definition of "consumer credit sale"), read November 6, 2026
• “With respect to a consumer credit sale, other than a sale of real estate subject to the provisions of section one hundred two of this article or a sale pursuant to a revolving charge account, a seller may contract for and receive a sales finance charge not exceeding eighteen percent per year on that part of the unpaid balance of the amount financed which is $1,500 or less and twelve percent per year on that part of the unpaid balance of the amount financed which is in excess of $1,500 calculated according to the actuarial method.” — W. Va. Code § 46A-3-101(1), read November 6, 2026
• “the parties may contract for a delinquency charge on any installment not paid in full within ten days after its scheduled due date of five percent of the unpaid amount of the installment, not to exceed $30.” — W. Va. Code § 46A-3-113(1), read November 6, 2026
• “No law limiting interest rates or providing for forfeiture, penalty, or other loss or liability because of the rate of interest charged may be applied: (1) To any debt that is incurred by a loan, installment sale, or other similar transaction, and is incurred primarily for a business purpose;” — W. Va. Code § 47-6-11, read November 6, 2026

Prompt payment on private construction in West Virginia

Not found in our check for West Virginia.

Work out a late charge in West Virginia

Starts at West Virginia's 6%, the rate when none was agreed, not a maximum.

What was not checked for West Virginia

• No West Virginia prompt-payment law for private construction was found, only ones for state agencies and counties; no text read confirms there is none.

Check West Virginia's own text

Before you charge: read W. Va. Code § 47-6-5(a) and the other West Virginia texts quoted on this page, or ask a lawyer. As of November 6, 2026.

This is a plain-words summary of each state's own laws as of November 6, 2026, not legal advice. Rules have exceptions. Check the state's own text, linked on every state's page, or a lawyer before you charge a late fee or interest.

Compare West Virginia with every state's answer, or with its neighbours just below.

Next door to West Virginia

• Kentucky: 8% if none agreed, depends by agreement
• Maryland: 6% if none agreed, depends by agreement
• Ohio: floats if none agreed, 8% for homes
• Pennsylvania: 6% if none agreed, depends by agreement
• Virginia: 6% if none agreed, depends by agreement

Official sources for West Virginia

• W. Va. Code § 47-6-5(a) — read November 6, 2026
• W. Va. Code § 56-6-31(b) — read November 6, 2026
• Supreme Court of Appeals of West Virginia, Administrative Office — 2026 interest rate on judgments and decrees (W. Va. Code § 56-6-31) — read November 6, 2026
• W. Va. Code § 46A-3-101(1) — read November 6, 2026
• W. Va. Code § 46A-1-102 (definition of "consumer credit sale") — read November 6, 2026
• W. Va. Code § 47-6-10 — read November 6, 2026
• W. Va. Code § 47-6-11 — read November 6, 2026
• W. Va. Code § 46A-3-113(1) — read November 6, 2026

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