Legal Question in Credit and Debt Law in Florida

I am a little confused with regard to Florida's Usury Law particularly, relating to late fees. The State seems to address Maximum Allowable Interest Fees, but not necessarily (Monthly) Late Fees. I used to be fairly abreast of such matters when I worked with the Bank. Case in point, an Assisted Living Center where my Mother is staying "automatically" charges a $250 Late fee (monthly) even if the payment arrives within 5 days of the Payment Due Date. I believe, the Assisted Living Center, based out of Wisconsin, is violating FL Usury Laws by this practice in an effort to obviously increase its "monthly revenues" from the Facilities residents. What say you?


Asked on 1/12/12, 8:56 am

1 Answer from Attorneys
Dana Manner Dana L. Manner, P.L.

Usury is difficult to prove, in general, and covers loans of money. The ALC is not loaning you money, they are in effect charging you rent and for services provided. Furthermore, even in a loan situation, you must prove that the lender has charged and excessive interest rate, knowingly, willingly and with corrupt intent. Proving intent is the hard part.

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Answered on 1/21/12, 10:53 am


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