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What to Do When a Client Doesn't Pay: A Step-by-Step Plan
A calm, step-by-step plan for when a client won't pay an invoice: from reminders and a phone call to pausing work, formal demands, and small claims in the EU, UK and US.
Most unpaid invoices aren't fraud. They're lost emails, missing PO numbers, a contact who left, or a client with a cash problem they're embarrassed about. That's good news, because it means most of them can be fixed with steady, polite pressure, without lawyers.
For the few that can't, there's a clear path, and it's cheaper than most people think. Here's the plan, in order. It's general information, not legal advice.
Step 1: Rule out your own mistakes (day 1)
Before you chase, check:
- the invoice went to the right address, and ideally to accounts payable as well as your contact;
- the amount, PO number and bank details are correct;
- nothing has arrived in your bank or payment account.
A surprising share of "unpaid" invoices are sitting in a spam folder or were sent to someone who's on leave. If you're getting silence, read why clients ignore invoice emails.
Step 2: Send a sequence of reminders (days 1–30)
Send short, specific reminders at a steady rhythm: the day after the due date, then around day 7, 14 and 30. Each one includes the invoice number, amount, due date and payment link. The first assumes an oversight. Later ones ask what's blocking it and set a date.
Templates for each stage are in overdue invoice email template.
Step 3: Change channel (around day 21)
If emails go unanswered, call. Or message on the channel you use day to day with the client. Ask a simple question: "Is everything OK with invoice INV-1042? Could you check where it is?"
People who ignore email will often answer a phone call, and a two-minute conversation can surface the real issue: a cash-flow problem, a dispute about the work, or a process gap.
Step 4: Find out what's really going on
Once you're talking, the reason usually falls into one of four groups:
- Process problem (wrong address, missing PO, vendor form). Fix it and resend.
- Dispute about the work. Ask exactly what's wrong. If part of the work is accepted, ask for that part to be paid now. See invoice dispute resolution.
- Cash-flow problem. Offer a short instalment plan in writing. A plan that gets finished beats a lump sum that never arrives. See installment plans clients actually finish.
- No reason, just stalling. Move to step 5.
Step 5: Pause work (if you're still working for them)
If you're doing ongoing work, it's reasonable to pause until overdue invoices are settled. Say it plainly and without drama:
Hi Sam, as invoice INV-1042 is now 30 days overdue, I'm pausing work on the next phase until it's settled. As soon as payment arrives I'll pick up where we left off.
Check your contract first, and read when to pause work over unpaid invoices.
Step 6: Send a final notice (around day 45)
A final notice sets a date and one clear consequence. Only state what you'll actually do.
This is a final notice for invoice INV-1042 for €2,400, now 45 days overdue. If payment isn't received by Friday 23 May, I will start a formal recovery process, including statutory interest and compensation.
More examples in final notice letter for an unpaid invoice.
Step 7: Add interest and compensation
For business clients in the EU and UK, the law entitles you to statutory interest and a fixed compensation sum on late payments, even if your contract doesn't mention it. In the US, it depends on your contract and state law. See late payment fees by country.
Many freelancers use this as leverage rather than actually charging it: "If paid by Friday, I'll waive the interest."
Step 8: Formal recovery options by region
If none of that works, you have formal options. They differ by country.
European Union
- National payment order procedures. Most EU countries have a fast, mostly paper-based procedure for uncontested debts. Check the procedure in the client's country, or in yours if your contract allows.
- European Order for Payment. For cross-border, uncontested claims between EU countries (except Denmark), with no upper limit. See our guide to the European Order for Payment.
- European Small Claims Procedure. For cross-border claims up to €5,000, handled mostly in writing.
United Kingdom (England and Wales)
- Letter before action. Before going to court, you're expected to send a formal letter. If your client is an individual or sole trader, the Pre-Action Protocol for Debt Claims applies and gives them 30 days to respond. See letter before action template.
- Money Claim Online. The online court service for claims of a fixed amount.
- Small claims track. For most claims up to £10,000.
Scotland and Northern Ireland have their own procedures.
United States
- Demand letter. A formal letter stating the amount, the basis, and a deadline.
- State and city freelancer laws. In New York, Illinois, California, Los Angeles and elsewhere, you may be able to file a complaint with an agency, and some laws allow double damages. See US freelancer payment laws.
- Small claims court. Limits and fees vary by state. Check your state court's website.
Step 9: Consider a collection agency or lawyer
For large debts, a lawyer's letter is often enough on its own. Collection agencies usually take a percentage of what they recover. Both are worth it mainly when the amount justifies the cost and the client has the means to pay.
Step 10: Learn from it
After any unpaid invoice, tighten one thing:
- deposits for new clients (deposit policy templates);
- shorter payment terms;
- milestone billing on long projects;
- a written contract every time;
- reminders that start before the due date.
FAQ
What can I do if a client refuses to pay?
Find out why, offer to fix process problems or agree an instalment plan, pause ongoing work, send a final notice, then use a formal procedure such as a payment order or small claims court.
How long should I wait before taking legal action?
Most freelancers move to formal steps after 45 to 60 days of unanswered reminders. In the UK, give the debtor the time required by the pre-action rules first.
Can I charge interest on an unpaid invoice?
For business clients in the EU and UK, yes, under statutory late payment rules. In the US, usually only if your contract says so.
Is it worth going to small claims court?
Often, yes, for clear debts with documentation. The process is designed for people without lawyers. Check fees and limits first.
Most of this never has to happen
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