Eluvie Blog
Client didn't pay: what to do (legal step-by-step)
What to do when a client doesn't pay. Covers follow-up, formal notice, small claims court and how to protect yourself with contracts going forward.
Non-payment is one of the most stressful experiences a freelancer can face. You delivered the work. The client has gone quiet. This guide gives you a clear step-by-step path from the first follow-up message to legal action, so you know exactly what to do at each stage.
Step 1: Friendly reminder (day 1-7 after due date)
Keep it professional and assume good faith. Use this message as a starting point:
Most late payments resolve at this stage. Do not escalate before trying this.
Step 2: Firm follow-up (day 8-15)
If there is no response, send a more direct message that includes the invoice attached, the original payment terms and a new deadline of 5 business days. Keep the tone professional but firm.
Step 3: Formal written notice (day 16-30)
Send a notificacao extrajudicial by registered mail or email with read receipt. State the amount owed, the original due date and a final deadline. This creates a legal record and is essential if you plan to escalate.
Step 4: Legal options
| Option | When to use | Cost |
|---|---|---|
| Formal written notice | First escalation step before legal action | Free |
| Small claims court | Small amounts, varies by country (no lawyer needed in many jurisdictions) | Low cost |
| Civil lawyer | Larger amounts or complex contracts | % of amount recovered |
How to protect yourself going forward
- Always use a written contract before starting work
- Charge 50% upfront with new clients
- Include late payment penalties (typically 2% per month) in the contract
- Keep all communication in writing, including WhatsApp
- Deliver work only after the first payment clears
How Eluvie helps
Eluvie helps you keep track of active clients, linked contracts and pending payments, so you always have a clear view of what is owed and by whom, before problems escalate.
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