Guide · 7 minute read

Unpaid invoice: what to do, day 1 to day 60

Chase an unpaid invoice in steps: a friendly reminder before it’s due, a nudge on the due date, firmer emails each week after, then a final notice or demand letter around day 50. In the UK and Ireland, late business invoices also earn statutory interest and a fixed fee. Small claims court comes last.

Day by day

The day 1 to day 60 plan

This is Babara’s practical suggestion, not the law. It assumes a business client and no agreed payment date, with day 1 being the day your client received the invoice. If your contract sets a due date, count from that instead.

  1. Day 1Invoice arrives

    Send a clear invoice and note the date

    Write down the day your client received the invoice. With no agreed payment date, every deadline below counts from it.

    • UKThe 30 days begin with this day, so day 30 is the due date.
    • IrelandThe 30 days run after this day, so payment is due on day 31.
    Make a clear invoice
  2. Day 23A week before it’s due

    A friendly heads-up

    A two-line note that the invoice is due next week, with the payment link. It has no legal effect; it just stops invoices getting lost.

    Write a friendly reminder
  3. Day 30Due date

    A short “due today” note

    Keep it light. Most clients who miss a due date simply forgot.

    • IrelandNot late yet. The payment date is day 31.
    • USFreelancer in New York, Illinois or California with no due date in the contract? State law says pay is due 30 days after you finish the work.
    Write a due-date reminder
  4. Day 311 day late

    Late: interest and a fixed fee can start

    For business-to-business invoices in the UK and Ireland, the law adds interest and a fixed compensation fee from now, without you sending anything first. It doesn’t apply to invoices for consumers.

    • UKStatutory interest starts at 11.75% a year (Bank Rate 3.75% plus 8%), simple interest, fixed for this debt. A fixed sum of £40, £70 or £100 is due at once, depending on the amount.
    • IrelandLate from day 32. Interest is 10.40% a year in the second half of 2026, plus €40, €70 or €100 compensation.
    • USThere is no national rule like this. Interest depends on your contract and your state.
    Work out the interest
  5. Day 38About 1 week late

    Second reminder, with the numbers

    Name the invoice, the amount and a date to pay by. In the UK or Ireland you can show the interest so far: daily interest is the debt times the rate, divided by 365.

    Overdue invoice email templates
  6. Day 45About 2 weeks late

    A firmer reminder

    Say clearly what you’ll do if it stays unpaid. If you decide to add interest and compensation, GOV.UK suggests sending a new invoice for them that refers to the original one.

    • UKThe Small Business Commissioner says you can’t charge interest or compensation on an invoice paid late because of a genuine dispute.
    Late payment interest calculator
  7. Day 52About 3 weeks late

    Final notice or letter before action

    One last letter with a firm deadline. What it must include depends on who your client is.

    • UKClient is a person or sole trader (England and Wales): send a Letter of Claim under the Pre-Action Protocol for Debt Claims, with its Reply Form and Financial Statement. Since 1 October 2026, email it as well as posting it. They get 30 days to reply.
    • UKClient is a company: set out the amount and how you worked it out, and allow a reasonable time to reply, 14 days in a straightforward case. If they have 50 or more staff and you have fewer, the Small Business Commissioner can help for free within 12 months of the due date.
    • IrelandSend a final demand letter. We found no required pre-action format.
    • USSend a demand letter with a deadline, usually 10 to 14 days.
    Free demand letter generator
  8. Day 60+1 month late or more

    Small claims or a court claim

    If the deadline passes with no payment and no reply, you can claim. Bring the invoice, every reminder and your final letter.

    • UKCompany client with a 14-day letter: from about day 66. Sole trader with a Letter of Claim: not before about day 82.
    • IrelandA District Court debt claim for up to €15,000. Not small claims: that procedure excludes invoices.
    • USSmall claims court in your state, up to its limit (see the table below).
    What to write in a final reminder

Example: a £2,400 invoice (including VAT) received on 1 September 2026 with no agreed terms is due on 30 September. Interest runs from 1 October at 11.75%, about 77p a day. By 29 November, 60 days late, that’s about £46.36 plus the £70 fixed sum. The full rules are in our guide to the Late Payment of Commercial Debts Act.

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Write your unpaid invoice reminder

Pick how late it is and how you want to sound. Copy it into any email, or let Babara send it for you.

How late is it?

Tone

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Pick how late the invoice is and the tone you want. Babara writes a short, human reminder you can paste into any email.

If it still isn’t paid

Small claims for an unpaid invoice

Small claims courts are built for people without lawyers. Send a final letter first, and keep copies of everything.

England and Wales

Up to £10,000 on the small claims track

  • Claim online through Money Claims or Money Claim Online. The court fee is based on the amount plus interest, for example £115 for £1,500.01 to £3,000.
  • Disputed claims of £10,000 or less go to free court mediation first.
  • If your client is a person or sole trader, send a Letter of Claim and wait 30 days before you claim.
Scotland

Up to £5,000 with simple procedure

  • Simple procedure replaced “small claims” in 2016. Larger or complicated claims use ordinary cause.
Ireland

District Court, up to €15,000

  • The Small Claims procedure can’t be used for debts such as unpaid invoices.
  • Fill in a Claim Notice (Form 40.02). The fee is €25 up to €5,000, €70 up to €10,000 and €80 up to €15,000.
  • If your client ignores it, you can ask for judgment at least 28 days after serving it. Bigger debts go to the Circuit Court (€15,001 to €75,000) or High Court.

United States: small claims limits

StateMost you can claimGood to know
California$12,500 for individuals; $6,250 for companies and other entitiesNo more than two claims over $2,500 a year. source
New York City$10,000, not counting interest and costsIndividuals only. A corporation or partnership uses Commercial Claims (same limit, up to five a month). source
Texas$20,000 in justice court, not counting interestA corporation doesn’t need a lawyer there. source
Florida$8,000, not counting costs, interest and attorney feesMiami-Dade filing fee for $2,500.01 to $8,000: $300. source
Illinois$10,000 or lessSmall claims appearance fees ended on 1 October 2025. source

In the US, send a demand letter before you file; it often gets you paid without court.

Copy, fill in, send

Unpaid invoice email templates

Replace everything in [brackets]. Need more? See our overdue invoice emails and how to write a final payment reminder.

1. Unpaid invoice email (about a week late)

Subject: Invoice #[number] is now overdue

Hi [Name],

A quick note that invoice #[number] for [amount] was due on [due date] and I haven’t seen the payment yet.

Could you pay it by [date]? Here’s the link: [payment link].

If something is holding it up, a missing PO number or a question about the work, just reply and I’ll sort it out.

Thanks,
[You]
2. Final notice for an unpaid invoice

Subject: Final notice: invoice #[number], payment needed by [deadline]

Dear [Name],

Invoice #[number] for [amount], due on [due date], is still unpaid. I wrote about it on [date 1], [date 2] and [date 3].

[UK or Ireland, business clients only:] The amount now owed also includes statutory interest of [rate]% a year from [first late day] and fixed compensation of [£40 / £70 / £100 or €40 / €70 / €100].

Please pay [total] by [deadline]: [payment link or bank details].

If I haven’t received payment or a written reply by then, I will start a claim to recover the debt without further notice.

If you dispute the invoice or need time to pay, please contact me before that date.

Yours sincerely,
[You]

Wondering how common this is? See our late payment statistics.

Before you start

Good questions

What should I do about an unpaid invoice?
Chase it in steps: a reminder on the due date, a second one about a week later, a firmer one at two weeks, then a final notice or demand letter with a firm deadline. Keep every message. If the deadline passes, a small claim is the last step.
Can I take an unpaid invoice to small claims court?
Usually, yes. In England and Wales claims up to £10,000 go on the small claims track, and in Scotland simple procedure covers up to £5,000. In Ireland the Small Claims procedure excludes invoices, so you make a District Court debt claim instead (up to €15,000). In the US each state sets its own limit, for example $12,500 for individuals in California and $20,000 in Texas.
When can I charge interest on an unpaid invoice?
In the UK, on business invoices, from the day after the due date, or from day 31 if no date was agreed: 11.75% a year in 2026 plus £40, £70 or £100. In Ireland it’s 10.40% a year in the second half of 2026, plus €40, €70 or €100. In the US it depends on your contract and state.
What should an unpaid invoice email say?
The invoice number, amount and due date, a date to pay by, the payment link, and an easy way to raise a problem. Keep it short and friendly early on, and only get firmer after two or three reminders.
How long do I have to wait before going to court?
In England and Wales, a client who is a person or sole trader gets 30 days to reply to a Letter of Claim. For a company, a reasonable time is usually 14 days in a straightforward case. In Ireland, you can ask for judgment if your client ignores a District Court claim for at least 28 days after it was served.
Is the day 1 to day 60 plan the law?
No. It’s Babara’s practical suggestion, built from the official rules cited on this page. The legal parts are the interest, the fixed fees, the pre-action steps and the court limits. The reminder days are just good habits.

Sources

Every link checked on . The day-by-day plan is Babara’s suggestion, not law. This guide is general information, not legal advice.

  1. Late Payment of Commercial Debts (Interest) Act 1998, s.4: when interest starts (last amended 24 Feb 2025) · legislation.gov.uk
  2. Same Act, s.5A: fixed sums of £40, £70 and £100 (no date shown) · legislation.gov.uk
  3. SI 2002/1675, article 4: 8% over Bank Rate (made 22 Jun 2002) · legislation.gov.uk
  4. Bank Rate: current Bank Rate 3.75% (latest decision 17 Sep 2026) · Bank of England
  5. Late commercial payments: charging interest (updated 16 Oct 2026) · GOV.UK
  6. Late commercial payments: claim debt recovery costs (updated 16 Oct 2026) · GOV.UK
  7. Interest calculator guidance: disputes and VAT (modified 21 Oct 2026) · Small Business Commissioner
  8. FAQs: who can complain, 12-month limit (modified 6 Oct 2025) · Small Business Commissioner
  9. Pre-Action Protocol for Debt Claims (PDF modified 25 May 2018) · Ministry of Justice
  10. Pre-Action Protocol update: Letter of Claim by email too (in force 1 Oct 2026) · Ministry of Justice
  11. Practice Direction: Pre-Action Conduct (updated 6 Apr 2022) · Ministry of Justice
  12. Civil Procedure Rules Part 26: small claims track up to £10,000 (updated 6 Apr 2024) · Ministry of Justice
  13. Make a court claim for money (updated 5 Oct 2026) · GOV.UK
  14. Civil court fees, EX50 (updated 13 Jul 2026) · GOV.UK
  15. How to make a claim with simple procedure: £5,000 or less (no date shown) · Scottish Courts and Tribunals Service
  16. Make a court claim for money in Scotland (no date shown) · mygov.scot
  17. S.I. 580/2012, Late Payment in Commercial Transactions Regulations (in operation 16 Mar 2013) · Irish Statute Book
  18. Late payment interest rate: 10.4% from 1 July 2026 (no date shown) · Department of Enterprise, Tourism and Employment
  19. Compensation for recovery costs: €40, €70, €100 (no date shown) · Department of Enterprise, Tourism and Employment
  20. About small claims: not for unpaid invoices (published 2 Sep 2025) · Courts Service of Ireland
  21. Making a debt claim: which court (published 10 Sep 2025) · Courts Service of Ireland
  22. Make a debt claim in the District Court (published 5 Aug 2025) · Courts Service of Ireland
  23. California: cases for $12,500 or less (no date shown) · California Courts Self-Help Guide
  24. New York City Civil Court Act §1801: $10,000 (revision 7 Jul 2023) · New York State Senate
  25. New York City Civil Court Act §1809: who can use small claims (revision 22 Sep 2014) · New York State Senate
  26. New York City Civil Court Act §1809-A: commercial claims, five a month (revision 22 Sep 2014) · New York State Senate
  27. Texas Government Code §27.031: justice court up to $20,000 (current through 2025) · Texas Legislature
  28. Small claims: up to $8,000 (no date shown) · Miami-Dade Clerk of the Court
  29. Getting started: small claims complaint, $10,000 or less (PDF Aug 2020) · Illinois Courts
  30. Illinois Supreme Court eliminates fees in small claims cases (30 Apr 2025) · Illinois Courts
  31. Freelance Isn’t Free Act, General Business Law §1411: pay within 30 days (revision 30 Aug 2024) · New York State Senate
  32. Freelance Worker Protection Act (no date shown) · Illinois Department of Labor
  33. SB 988, Freelance Worker Protection Act (approved 28 Sep 2024) · California Legislative Information
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