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HomeCommercial CodeDiv. 3Ch. 1§ 3112 Interest On Instruments

§ 3112 Interest On Instruments

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3112 Interest On Instruments

Key Takeaways

  • •If a paper (like a check or loan agreement) doesn't say anything about interest, then no interest is added.
  • •If the paper does mention interest but doesn't say how much, the interest will be the same as the 'judgment rate' where the payment is due when the interest starts.
  • •Interest can be a fixed amount, a changing amount, or a rate that doesn't change or does change. It can even use info from outside the paper.

Example

You lend your friend $100, and they write you an IOU note.

If the note doesn’t say anything about interest, your friend only has to pay back $100. But if the note says 'with interest' but doesn’t say how much, then the interest will be the same as the judgment rate where you live when the interest starts.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3112 Interest On Instruments

(a) Unless otherwise provided in the instrument, (1) an instrument is not payable with interest, and (2) interest on an interest-bearing instrument is payable from the date of the instrument. (b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues. (Repealed and added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

instrumentinterestjudgment rate

Related Statutes

  • § 3110 Determination Of Instrument Payee
  • § 3111 Place Of Payment Determination
  • § 3117 Separate Agreement Modification
  • § 10101 Uniform Commercial Code Leases
  • § 10102 Hybrid Lease Application

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 3112.
View Official Source