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HomeCivil CodeDiv. 4Pt. 1Ch. 1Art. 2§ 3289 Contract Interest After Breach

§ 3289 Contract Interest After Breach

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

§ 3289 Contract Interest After Breach

Key Takeaways

  • •If a contract says how much interest you pay when you break it, that rate stays the same until a court says otherwise.
  • •If a contract made after 1986 doesn’t say how much interest you pay when you break it, you pay 10% interest per year.
  • •This rule doesn’t apply to loans secured by your house (like a mortgage).

Example

You borrow money from a friend and sign a contract saying you’ll pay 5% interest if you’re late paying them back.

If you don’t pay them back on time, you still owe 5% interest until a court decides something different. If the contract didn’t mention interest, you’d owe 10% per year instead.

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

Official Source
View on CA.gov

§ 3289 Contract Interest After Breach

(a) Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation. (b) If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach. For the purposes of this subdivision, the term contract shall not include a note secured by a deed of trust on real property. (Amended by Stats. 1986, Ch. 176, Sec. 1. Effective June 23, 1986.)

Last verified: January 21, 2026

Key Terms

legal rate of interestbreach10 percent per annum

Related Statutes

  • § 3289.5 Retail Installment Interest Rate
  • § 3291 Prejudgment Interest In Injury Cases
  • § 1044 Transferable Property Exceptions
  • § 1045 Nontransferable Mere Possibilities
  • § 1046 Transferable Reentry Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 3289.
View Official Source