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Penalty interest, also called penalty APR (penalty annual percentage rate), [1] default interest, interest for/on late payment, statutory interest for/on late payment, [2] [3] interest on arrears, or penal interest, in money lending and in sales contracts is punitive interest charged by a lender to a borrower if installments are not paid according to the loan terms.
Penalties in English law are contractual terms which are not enforceable in the courts because of their penal character. [1] Since at least 1720 [ 2 ] it has been accepted as a matter of English contract law that if a provision in a contract constitutes a penalty, then that provision is unenforceable by the parties.
This charge has two components: an interest charge, computed as described above, and second a penalty of 0.5% per month applied to the unpaid balance of tax and interest. [4] The 0.5% penalty is capped at 25% of the total unpaid tax. The underestimate penalty and interest on late payment are automatically assessed. [5]
Before 1 September 1990, all traffic violations were punished via the criminal law. The suspects were first offered a sort of plea bargain. This mostly contains a fine. If the suspect didn't pay the fine of this plea bargain, the public prosecutor had to open a criminal case. Otherwise, he wasn't authorized to collect the penalty through force.
The nominal APR is calculated by multiplying the interest rate for a payment period by the number of payment periods in a year. [3] However, the exact legal definition of "effective APR", or EAR, can vary greatly in each jurisdiction, depending on the type of fees included, such as participation fees, loan origination fees, monthly service charges, or late fees.
As another way to compensate for prepayment risk (which is a reinvestment risk), a prepayment penalty clause is often included in the loan contract. [2] "Soft" prepayment terms can allow prepayment without penalty if the home is sold. "Hard" prepayment terms do not allow any exceptions without penalty.
Law portal; Civil penalty, a financial penalty imposed by a government agency as restitution for wrongdoing in the case of a civil rather than criminal offense; Court costs, the cost associated with pursuing a legal case; History of United States Prison Systems; Race in the United States criminal justice system
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a high burden of proof, such as "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into very large sums, it would be uncomfortable to subject citizens to ...