How to Collect Unpaid Invoices (A Contractor's Escalation Plan)
By BRIX Editorial Team · Updated
To collect an unpaid invoice, follow a fixed escalation: a friendly reminder at the due date, a text and email at 7 days, a phone call by 30 days, a formal past-due letter at 45 to 60 days, then a final demand naming your next step: a mechanics lien, small claims court or a collection agency. Document every contact.
Key takeaways
- Most late invoices are forgotten, not refused. The first three contacts should be friendly and easy to act on.
- Work the A/R aging report weekly, oldest first. The older an invoice, the harder it is to collect.
- Late fees and interest are governed by state law and your signed contract. Don't charge what you didn't disclose.
- Mechanics lien rights have strict deadlines that run from your last day of work. Know yours before the invoice is 60 days old.
- Businesses collecting their own invoices in their own name are generally outside the federal FDCPA, but state laws and basic professionalism still apply.
What should you do before an invoice is late?
Collections start at the estimate. Payment terms, deposit, accepted payment methods and any late fee should be in the signed agreement. The invoice should go out the day the work is done, with photos, a clear amount due and a pay-now link. If you do those two things, most of what follows never happens. See how to get paid faster.
The collection timeline, step by step
- 1
3 days before due: a courtesy reminder.
A short text or email: "Hi Dana, a reminder that invoice #1042 for $1,850 is due Friday. Here's the link to pay by card or bank transfer. Thanks again for having us out." Automate this one.
- 2
Due date: a second reminder.
Same tone, same link. Many customers pay on this message.
- 3
7 days past due: text and email, still friendly.
"Invoice #1042 for $1,850 was due on the 10th. If it's already on its way, thank you. If not, here's the link, or call us and we'll take a card over the phone."
- 4
14 to 30 days past due: pick up the phone.
Ask for a specific commitment: "Can you pay by card today, or should I expect a check by Friday?" Note the date, the person and what they promised. If there's a dispute, this is where you hear it, and you can fix a problem instead of fighting about it.
- 5
30 days: written past-due notice.
A letter or email on your letterhead with the invoice attached, the balance, any late fee allowed by your contract and state, and a payment deadline. Keep it factual. Pause new work on credit for this customer.
- 6
45 to 60 days: final demand.
State the balance, the deadline (often 10 days) and what happens next: a lien filing, small claims, or referral to a collection agency. On construction work, this is also when a preliminary notice or notice of intent to lien may be due; check your state's lien rules.
- 7
After the deadline: act.
Do what you said. File the lien, file in small claims, or turn it over. A demand you don't follow through on teaches the customer you won't.
Can you charge late fees or interest?
Only what your signed agreement allows and your state permits. Rules differ between consumer and commercial customers, and some states limit the percentage, require specific disclosure, or treat late fees as interest subject to usury caps. Intuit's QuickBooks late fee help page says plainly that there may be limits on the amount and type of fees you may charge and to confirm the requirements in your jurisdiction. If you use QuickBooks Online's automatic late fees, they apply only to invoices that become overdue after you turn the setting on, so older invoices need fees added manually, if your contract allows them at all.
Practical approach: put a modest late fee in the estimate and contract, tell customers about it up front, and use waiving it as a goodwill gesture when a slow payer finally pays. Don't invent a fee at day 45.
What are your legal options when a customer won't pay?
| Option | What it is | Best for | Watch out for |
|---|---|---|---|
| Mechanics lien | A claim against the property you improved | Construction and improvement work on real property | Strict deadlines and notice requirements that vary by state; some states require preliminary notice early in the job |
| Bond claim | A claim against the payment bond on public or bonded private jobs | Subcontractors on bonded projects | Notice deadlines, often tied to last furnishing |
| Small claims court | A simplified court process for smaller amounts | Clear debts under your state's small claims limit | Limits and procedures vary by state; winning a judgment isn't the same as collecting |
| Attorney demand letter | A letter from a lawyer | Larger balances, commercial customers | Costs money; works best when the customer knows you'll follow through |
| Collection agency | A third party collects for a percentage | Small balances you don't want to chase | You give up a share of the balance, and the agency's conduct reflects on you |
| Write-off | Removing the invoice from A/R | Balances that cost more to chase than they're worth | Tax deductibility depends on your accounting method; see accounts receivable |
What rules apply when you collect your own invoices?
The federal Fair Debt Collection Practices Act (FDCPA) regulates third-party debt collectors collecting consumer debts (debts for personal, family or household purposes). Under 15 U.S.C. §1692a(6), a creditor's own officers and employees collecting the creditor's debts in the creditor's name are generally not "debt collectors" under the Act, though a creditor that collects under a different name that suggests a third party is involved can be covered. So a contractor calling about its own invoice is usually outside the FDCPA. State laws may still apply to original creditors, and in every case: don't threaten what you can't legally do, don't call at unreasonable hours, don't discuss the debt with the customer's neighbors or employer, and keep it professional. A collection agency you hire is covered by the FDCPA, and its conduct can come back on you.
Collections by trade
| Trade | Typical unpaid invoice | Most useful tool |
|---|---|---|
| HVAC and plumbing service | A residential repair invoiced instead of collected on site | Phone call plus a pay link; prevention by collecting on site next time |
| Roofing | Final balance after the insurance check arrives | Document the claim timeline; a lien if the homeowner keeps the insurance money |
| Electrical and mechanical subs | A pay application the GC hasn't paid | Preliminary notice on time, lien or bond claim before the deadline |
| General contractor | A disputed final draw with punch list items | Finish the punch list fast, document completion, then demand |
| Landscaping and cleaning | A string of small recurring invoices | Stop service until current; card on file going forward |
| Commercial accounts (any trade) | Invoices stuck in approval | Find the approver, supply the PO number and W-9, resend |
Common collection mistakes
- Waiting. An invoice nobody mentioned for 60 days signals that payment is optional.
- Emotional messages. Angry texts get screenshotted. Stay factual and keep records.
- Threatening a lien you can't file. Deadlines may have passed, or the work may not qualify. Know your rights first.
- Continuing to work for a non-payer. Stop new credit work until the account is current.
- No paper trail. Signed estimate, photos, completion sign-off and a log of every contact win disputes.
- Treating all customers the same. A loyal customer who's a week late gets a friendly call; a stranger at 60 days gets the formal letter.
Frequently asked questions
How long should I wait before following up on an unpaid invoice?
Don't wait at all: send a reminder a few days before the due date and another on the due date. Follow up at 7 days past due, call by 30 days, and send a formal notice soon after. Early, friendly contact collects most invoices without conflict.
Can a contractor charge interest on unpaid invoices?
Often, if the signed contract provides for it and the rate and disclosure comply with your state's rules, which can differ for consumer and commercial customers. Don't add interest or fees that weren't agreed in writing. Check your state's law or ask an attorney.
What can I do if a customer refuses to pay for work I completed?
Document the work, send a written demand with a deadline, and then use the tool that fits: a mechanics lien if the work improved real property and you're within the deadline, small claims court for amounts under your state's limit, or an attorney for larger balances. Act before lien and notice deadlines pass.
Does the FDCPA apply to contractors collecting their own invoices?
Generally no. The FDCPA covers third-party collectors of consumer debts, and 15 U.S.C. §1692a(6) excludes a creditor's own employees collecting in the creditor's name. A creditor collecting under a different name, or a collection agency you hire, can be covered, and state laws may apply to you directly.
Should I send unpaid invoices to a collection agency?
For small, old balances that aren't worth your time, an agency can make sense; it keeps a percentage of what it collects. For construction work, check lien and bond claim deadlines first, since those are often stronger tools. Choose an agency whose conduct you'd be comfortable having attached to your name.
When should I write off an unpaid invoice?
When collection efforts have failed and the cost of further action exceeds the balance, or the customer has closed or vanished. Remove it from A/R so your aging report is honest. Whether the write-off is tax-deductible depends on your accounting method; cash-basis businesses generally can't deduct income they never reported.
Can I stop work if a progress payment is late?
Possibly, depending on your contract's terms and state law; many contracts set notice requirements before you suspend work. Read the suspension clause and send the required notice in writing before pulling off a job, and consider getting legal advice on larger projects.
Related
- How to Get Paid Faster as a Contractor12 ways contractors get paid faster: deposits, same-day invoicing, card and ACH on site, progress billing, reminder schedules, and what each is worth.
- What Is Accounts Receivable?Accounts receivable explained for contractors: how A/R works, the aging report, turnover formula, worked examples by trade, and how to collect faster.
- What Is a Mechanic's Lien?How a mechanic's lien works for contractors, with notice, filing and enforcement deadlines from six state statutes and a worked example.
- What Is a Lien Waiver?What a lien waiver is, conditional vs. unconditional and progress vs. final waivers, and which states require statutory forms, with sources.
- What Is Days Sales Outstanding (DSO)?What days sales outstanding means for contractors, the DSO formula with worked examples, how retainage skews it, by-trade patterns and how to lower it.
- What Is Retainage in Construction?Retainage explained for contractors and subs: how it's calculated, worked billing examples, retainage receivable and payable accounting, rules and release.
- Contractor Invoice TemplateFree contractor invoice template you can print or edit: every field explained, a filled plumbing example, trade variations and mistakes that delay pay.
- Contractor invoicing software that sends the invoice and chases the moneyTurn finished jobs into invoices the same day, send polite automatic reminders on unpaid ones, and sync invoices and payments to QuickBooks.
- Bookkeeping for contractors that keeps your books tax-ready all yearContractor bookkeeping that stays current: categorized expenses, 1099 subcontractor tracking, sales tax and quarterly tax reminders, synced to QuickBooks.
- QuickBooks for contractors: the right version, real job costing and a sync that keeps the books matched to the jobsQuickBooks for contractors: Online vs Desktop, job costing with projects and classes, sync pitfalls, and how BRIX keeps QuickBooks matched to your jobs.
Sources
- 15 U.S.C. §1692a, Fair Debt Collection Practices Act definitions (Cornell LII) (checked October 12, 2026)
- FTC — Fair Debt Collection Practices Act (checked October 12, 2026)
- Intuit QuickBooks — Set up and apply automatic late fees to invoices in QuickBooks Online (checked October 12, 2026)
- IRS — Topic No. 453, Bad debt deduction (checked October 12, 2026)