Chasing a Client Who Doesn't Pay: The Freelance Procedure
The unpaid invoice is one of a freelancer's worst fears: the work is delivered, but the money does not come in. Good news, the law protects you, provided you follow a graduated procedure. Most unpaid invoices are settled amicably if you act fast and methodically. Here are the steps, from the gentle reminder to legal action.
First of all: prevent the unpaid invoice
The best handling of an unpaid invoice is the one you avoid. Three reflexes drastically reduce the risk:
- A signed quote "good for agreement" locking price and scope (see the freelance quote);
- A compliant invoice with a clear due date and penalty details (see mandatory details);
- A deposit at order for significant assignments.
A client who has signed a quote and paid a deposit pays late far more rarely.
Step 1: the friendly reminder
As soon as the due date passes, do not wait. A simple courteous reminder email often suffices: many delays are mere oversights. Recall the invoice number, the amount and the due date. If the email goes unanswered within a few days, call: direct contact unblocks many situations.
Stay professional and factual. At this stage, preserve the relationship: your client may be acting in good faith.
Step 2: the reminder letter then the formal notice
Without reaction, move to formal writing:
1. A reminder letter recalling the invoice and setting a new deadline;
2. Then, if necessary, a formal notice to pay sent by registered letter with acknowledgment of receipt.
The formal notice is a key legal step: it officially marks the start of proceedings and triggers interest. It must state the amount due, the invoice reference, a mandatory deadline and the explicit wording "formal notice".
The penalties you can claim
Between professionals, the law allows you to claim, from the first day of delay:
- late-payment penalties, at the rate stated on your invoice (failing which, a reference legal rate applies);
- a flat recovery indemnity of €40, due automatically for each invoice paid late;
- where applicable, additional compensation if your recovery costs exceed this flat amount.
These rights only apply if the corresponding details appear on your invoice — hence the importance of compliant invoicing.
Step 3: legal remedies
If the formal notice remains unanswered, several routes open depending on the amount and nature of the dispute:
| Remedy | When |
|---|---|
| Payment order | Certain, uncontested debt; fast, low-cost procedure |
| Interim payment | Need for a quick decision on an obvious debt |
| Full-merits summons | Dispute contested on principle or amount |
The payment order is the most common route for a freelancer: you apply to the competent court, which can issue an enforceable title without a hearing if the debt is justified. A judicial officer (former bailiff) can then proceed with forced recovery.
Beware limitation periods
You do not have unlimited time to act. In commercial matters, the limitation period is in principle five years. It is reduced to two years when the client is an individual (consumer). Beyond that, your debt is extinguished: never wait years before claiming what you are owed.
Key takeaway: acting fast and in writing settles most unpaid invoices. The formal notice by registered letter is the decisive turning point between the friendly reminder and legal action.
Good cash-flow tracking immediately alerts you to an overdue invoice: see managing irregular cash flow. And to limit unpaid invoices at the source, take care with your quotes and invoices from the outset.