When a customer will not pay

Greymill AcademyCash, tax and getting paidUS3 min readUK version

The short answer

There is an order to this, and skipping to the end costs you money.

The takeaway. Reminder, then a formal demand letter, then small claims. If the work touched real property, check your lien deadline before anything else. Going straight to an attorney is the expensive end.

Play the interactive lesson

  1. A plain reminder.Assume it was an oversight. Most of the time it was.
  2. A firm follow-up with a deadline.A specific date, and what happens after it. If your contract sets a late fee or an interest rate, cite it here.
  3. A formal demand letter.The amount, what it is for, the deadline and what happens next. Send it so you can prove delivery. This alone resolves a large share of disputes.
  4. Small claims court.You file in the county where the debtor is or where the work happened. No attorney needed, filing fees are low, and a signed estimate plus proof of work usually wins. Limits vary by state: $12,500 for an individual in California ($6,250 for a business), $20,000 in Texas justice court, $8,000 in Florida and $10,000 in New York City (As of Oct 2026).
Example conversation with Contracts & Disputes
You
A commercial customer in Texas owes me $9,400 for a build-out, sixty days past due, now ignoring me.
Contracts & Disputes
Build-out means real property, which changes the order completely.

Check your lien deadline first, today. Texas mechanics lien deadlines are short and counted from specific dates, and missing one removes your strongest remedy permanently. A lien attaches to their property. A lawsuit only produces a judgment you then have to collect.

Then a formal demand letter, sent so you can prove delivery, stating the amount, the basis and a deadline.

Small claims is open to you. Texas justice court hears claims up to $20,000 (As of Oct 2026), so $9,400 fits and you do not need an attorney. A judgment still has to be collected, which is why the lien comes first.

Check the lien clock before anything else. Want me to list what you need to file?

It reordered the whole answer because the work touched real property.

Play this demo in the Academy

The rule

Mechanics liens: the clock that matters most

A lien attaches to the property, but the deadlines are strict and a missed one usually loses it for good. California: preliminary notice within 20 days of first furnishing, and record the lien within 90 days after completion if no notice of completion is recorded. Florida: Notice to Owner within 45 days of first furnishing if you have no contract with the owner, and the claim of lien within 90 days of final furnishing. New York: file within 8 months of completion, or 4 months for a single-family home. Texas: a subcontractor's notice is due by the 15th day of the third month after each month worked on commercial jobs, or the second month on residential ones. Public property cannot be liened, so claim on the payment bond instead: the Miller Act on federal jobs and your state's Little Miller Act on state and local ones. In New York you can also file a lien on the public funds within 30 days after completion and acceptance. As of Sep 2026.

Cal. Civ. Code secs. 8204 and 8412 to 8414; Fla. Stat. secs. 713.06 and 713.08; N.Y. Lien Law secs. 10 and 12; Tex. Prop. Code sec. 53.056; Miller Act, 40 U.S.C. secs. 3131 to 3134

A $25,000 invoice paid 60 days late in California, with no agreed rate (example)
Invoice$25,000
Interest at 10% a year for 60 days$410.96
What you can claim$25,410.96
Interest for each further day$6.85

$25,000 x 10% / 365. California contract claims accrue 10% where no rate was agreed (As of Oct 2026). Put your own rate in your terms, within your state's usury limits, and you are not relying on it.

The rule

If you are a freelancer

New York's Freelance Isn't Free Act covers engagements of $800 or more, and California's Freelance Worker Protection Act covers $250 or more. Both require a written contract and payment by the agreed date or within 30 days of completion, and both bar demanding that you accept less for prompt payment. New York adds double damages on unpaid amounts plus attorney fees. As of Oct 2026.

N.Y. Gen. Bus. Law art. 44-A; Cal. Bus. & Prof. Code secs. 18100 to 18108

If you are over your state's small claims limit you are in regular civil court, which is a different decision entirely. If you did work on real property, a lien is far stronger than a lawsuit, and the clock is already running. Ask LEO immediately rather than eventually.

Paste this to LEO

A customer owes me [amount], due on [date], for [what the work was]. I am in [state]. I have chased [how many times]. Walk me through my options in order of cost and likely outcome.

Try it on your business

Every lesson ends with a question to hand to a Greymill specialist, who answers with what it knows about your business.

Start free trialHow it works7 days free with every specialist. No card needed.

More in Cash, tax and getting paid

Open the interactive lesson · Every Academy lesson

Ready to try Greymill?

Sixteen specialists who already know your trade and your country, sharing one memory of your business.

7 days free with every specialist. No card needed.

Continue with GoogleTry the demo, no sign-up