A client won’t pay: the steps, in order.

For a freelancer or a small business, an unpaid invoice is more than an annoyance: it is money you have already spent in time and materials. Most debts are recovered without going to court, but only if you act in order and keep the right papers.

1. Gather the proof

Before writing to anyone, put together everything that shows the debt exists:

• the invoices, and the quote or order they come from;

• the contract or the emails where the work was agreed;

• delivery notes, signed receipts or anything that shows the job was done;

• the client’s messages acknowledging the debt or promising to pay.

2. A clear, friendly reminder

Many delays are simply disorganisation. A short email with the invoice attached, the amount and a payment date often solves it. Keep the tone professional: you may want to keep working with this client.

3. A formal demand

If the reminder doesn’t work, the next step is a formal written demand, usually by burofax with proof of content. It sets a deadline to pay and makes it clear that you will go to court otherwise. It also proves, if needed later, that you asked for the money.

4. The payment order (monitorio)

The monitorio is a fast court procedure designed precisely for documented debts. The court asks the debtor to pay or explain why not, normally within 20 days. If the debtor does nothing, you can move on to enforcement. If they oppose, the case continues as an ordinary claim.

For debts of up to 2,000 euros you can file it yourself, without a lawyer or court representative. Above that amount, or when the case is complex, it is better to have help.

Interest and recovery costs

Between businesses, late payment rules allow you to claim late-payment interest and, in addition, a minimum of 40 euros per invoice for recovery costs. It is worth adding them to the claim: they are part of what you are owed.

Don’t let time go by

In general, the deadline to claim a debt is five years, but some debts have shorter ones, and the longer you wait, the harder it is to find the debtor solvent. When an invoice is two or three months overdue and the reminders don’t work, it is time to get advice.

In a first consultation we review your papers, tell you whether the debt is well documented and which route is fastest in your case. If it is not worth claiming, we tell you that too.