How do you recover overdue invoices legally as a freelancer or small business owner?

I’ve been following up on an invoice for $2,800 for three months. The client keeps saying ‘next week,’ but I’m not seeing any action.

I’m beginning to question what legal steps I can take. Small claims court feels extreme, but I might have to consider it.

Start charging late fees. Add 1.5% per month to the invoice and send an updated bill. Most pay up quickly when they see the amount increasing. If that doesn’t work, consider filing a lien if your work impacted their property. Some service work can qualify based on your state laws. Skip the demand letter and go straight to small claims court. It costs around $100 total, and you usually get a court date within 30 days. Most settle before you enter the courtroom.

I’ve been there with a $3,200 invoice that dragged on for four months. The client kept giving me the runaround too.

First thing I did was send a formal demand letter. Made it clear this was the final notice before legal action. Sometimes that’s enough to get them moving.

Small claims court isn’t as scary as it sounds. For $2,800, it’s probably worth it. The filing fee was like $75 in my case, and I didn’t need a lawyer. You just need your contract, the invoice, and proof you delivered the work.

I also started requiring 50% upfront after that experience. Learned my lesson the hard way.

Before court though, try calling instead of emailing. Harder for them to ignore you when you’re actually talking.

Three months is way too long to let this slide. At this point you need to get serious about it.

Here’s what I’d do:

  • Stop accepting excuses - No more “next week” responses
  • Set a hard deadline - Give them 7 days max
  • Be direct - Tell them you’re filing in small claims if they don’t pay

Small claims really isn’t that extreme for almost three grand. You’ve been more than patient already. The client is basically stealing your work at this point.

I had a similar situation last year with a $1,900 invoice. Soon as I mentioned small claims court, they magically found the money within 48 hours. Sometimes you just need to show them you’re serious.

Don’t let clients train you to accept late payments. It sets a bad precedent and they’ll keep doing it to other freelancers too.

I just keep calling until they pick up and pay.

Send them one final email with a payment deadline that’s 10 days out. Make it clear you’re filing in small claims court if they don’t pay by then.

Then actually follow through if they miss the deadline. Court filing fees are usually under $100 and you can add that to what they owe you.

Stop giving them more time to string you along. Three months is already too generous.

Send a certified letter saying they have 10 days to pay or you file in court. Usually works.