How to actually get a late invoice paid
An unpaid invoice is a cash-flow problem and a legal one. The good news: a calm, methodical chase gets more money in than an angry one — and tells you quickly when to stop.
By Robert Festenstein, Head of Legal
Updated 10 June 2026
5 min read
The short version
- A structured chase — reminder, statement, then a formal letter before action — gets most debts paid without court.
- A solicitor's letter before action often does the job on its own.
- Winning a judgment and getting paid are two different things — enforcement is a separate step.
- Before you spend money chasing, weigh the debtor's ability to pay against the cost. Sometimes writing it off is the smart call.
Before the lawyers
Most late payment isn't malice. It's disorganisation, or someone else's cash-flow squeeze landing on you. So start firm but professional: a clear reminder, a full statement of account, a direct conversation. Keep a written record of every chase — you may need it later.
One thing people forget: on commercial debts you're usually entitled to interest and a fixed recovery charge on late payment. Saying so, clearly, tends to concentrate minds.
The letter that works
The letter before action is the formal demand that has to come before any court claim. It sets out the debt, gives a deadline, and warns that court will follow. On a solicitor's letterhead it says one thing loud and clear: this just stopped being something you can ignore. A large share of debts get paid at exactly this point, before a claim is ever issued.
Want this looked at for your situation?
Book a no-obligation conversation with one of our solicitors.
Court, and the catch
If the debt's genuinely undisputed, a court claim is fairly straightforward and can often be started online. But here's the catch nobody mentions: winning a judgment and getting paid are two entirely different things. Enforcement — bailiffs, charging orders, orders against a bank account or wages — is a separate job, and it only works if the debtor actually has something to enforce against.
Is it even worth it?
This is the question good advice answers honestly. Chasing a debtor with no assets can cost you more than the debt. Before you commit, we help you weigh the size of it, the strength of your paperwork and the debtor's likely ability to pay. Sometimes the right commercial answer is to write it off, tighten your terms of business, and move on with your day.
Frequently asked questions
What's a letter before action?
The formal written demand for payment that has to come before a court claim. It sets out the debt, gives a deadline and warns of proceedings. Sent by a solicitor, it often gets the invoice paid without any need for court at all.
Can I charge interest on a late payment?
On most commercial debts, yes — you're generally entitled to interest and a fixed recovery charge. The exact position depends on your contract and the legislation, but stating the entitlement clearly often speeds things up.
I've got a judgment but still haven't been paid. Now what?
A judgment isn't payment — you then have to enforce it, through bailiffs, a charge over property, or orders against the debtor's bank or earnings. Which one works depends on their assets, so it's worth taking advice on the most cost-effective route.
Sources & further reading
This article is general information, not legal advice. The law changes and depends on your circumstances — always take advice on your specific situation before acting. Last reviewed 10 June 2026. Buzz Solicitors is a trading name of AD Solicitors Limited, a recognised body regulated by the SRA (no. 8011228).
A solicitor with more than two decades' experience in commercial law, dispute resolution, insolvency and judicial review. Robert acts for businesses, directors and individuals on the matters that carry real consequence — and leads Buzz Solicitors.
Practical law, direct to your inbox.
One useful email a month on commercial, property and private-client law for business owners — no jargon, no spam, unsubscribe anytime.
By subscribing you agree to our privacy notice.