Can you charge for overdue invoices?

Asked by: Ariel Nolan DDS  |  Last update: September 22, 2026
Score: 4.6/5 (28 votes)

Yes, you can legally charge fees for overdue invoices, provided the policy is outlined in your initial contract or agreement. Typical fees include a monthly interest rate of 1%–1.5% (often 1.5% for freelancers) or a flat fee (e.g., $25–$50 per month).

How much can you charge for overdue invoices?

The interest you can charge if another business is late paying for goods or a service is 'statutory interest' – this is 8% plus the Bank of England base rate for business-to-business transactions.

Can you legally charge interest on overdue invoices?

Yes, you have the legal right to charge late fees on your invoices. To make sure you can do this properly, you need to have a clear and fair late fee clause in your contracts. This clause should explain when late fees will be applied and how much they'll be, and it should follow the law in your area.

How much can I charge for late payment of invoices?

A late payment fee is an extra charge a customer needs to pay when they don't pay a bill by the due date. It's typically 1% to 2% of the past-due invoice amount. If you offer customer financing, you've likely found yourself in a situation that no business owner wants to deal with—a past-due invoice.

Can you refuse to pay old invoices?

In general, clients cannot refuse to pay late invoices if they have received goods or services as agreed upon in the contract or agreement. Late invoicing doesn't absolve them of their payment obligation.

Unpaid Invoice - 4 Best Actions to Take Immediately to Get Clients to Pay in the USA

26 related questions found

Can you invoice someone 3 years later?

Under the Limitation Act 1980, invoices can be issued up to six years after the work was completed or the goods were delivered. While there is no legal restriction within this time frame, issuing invoices promptly is always best to avoid disputes or complications.

Can you be sued for not paying an invoice?

Filing a Lawsuit for Breach of Contract

If your client agreed to pay for goods or services and failed to follow through, they may be in breach of contract. You have the right to sue for the amount owed, and possibly additional damages, depending on your contract and the impact of the missed payment.

What is the maximum amount you can legally charge on overdue invoice payments?

Bear in mind that under section 347 of the Criminal Code , charging interest at an effective annual rate of more than 60% is a criminal offence. The effective rate is calculated by considering not only the interest rate, but also any fees, fines, penalties or other charges claimed from the debtor.

What is the $8 late fee rule?

The rule had reduced the safe harbor limits on late fees that could be charged by large credit card issuers (those with over one million open accounts) from over $30 down to $8. The rule also forbade fee increases for repeat violations and removed the annual inflation indexing.

How to get a client to pay an overdue invoice?

Tips for collecting outstanding and unpaid invoices

  1. Set clear terms. ...
  2. Send reminders. ...
  3. Institute a late fee. ...
  4. Send an overdue invoice (with a different layout) ...
  5. Go analog. ...
  6. Offer flexible payment options. ...
  7. Seek professional legal advice.

What is the 10 day grace period?

A grace period for a car loan is usually 10 days past the payment due date. During this time, the car payment typically will be accepted without penalties or other consequences. Keep reading to learn how car payment grace periods work, if there is a late car payment fee, if you can make a partial car payment, and more.

Is a due date on an invoice legally binding?

Payment terms: The payment terms detailed in an invoice, such as due dates or late fees, can serve as a reminder of agreed-upon terms. If these terms were established in a contractual context, then they are legally binding.

Is it legal to charge interest on overdue invoices?

Yes, you can charge both late payment fees and interest on overdue invoices if these charges are clearly stated in your contract or terms of trade. However, ensure that they comply with relevant laws.

Can I legally charge interest on unpaid invoices?

Can you legally charge interest on overdue invoices? Yes! However, our investigation demonstrated that customers are not obligated to settle a late payment fee if it isn't indicated in the contract terms.

How late can you invoice someone?

There's no legal time limit that says you must invoice within a certain number of days (though doing it promptly is definitely best practice). So before you go spiraling into worst-case scenarios, remember: you're still entitled to be paid for the work you've done.

What is the 7 7 7 rule for collections?

The "777 rule" in debt collection, also known as the 7-in-7 rule, is a CFPB regulation (Regulation F) limiting calls: collectors can't call more than 7 times in 7 days for a specific debt, nor call within 7 days of a conversation about that debt. It aims to prevent harassment, applying to calls, texts, and emails, though exceptions exist, and the presumption of compliance can be rebutted by aggressive call patterns like rapid succession or highly concentrated calls.

Is it illegal to charge 3% credit card fee?

Yes, charging a 3% credit card fee (surcharge) is generally legal in most U.S. states and follows card network rules (like Visa's 3% cap), but it depends heavily on your location and requires strict adherence to rules, such as not surcharging debit cards, capping it at your actual processing cost (not to exceed 3% for Visa/4% for Mastercard), and providing clear customer notification. Some states (like Connecticut, Massachusetts, Texas) may have their own bans or restrictions, so it's crucial to check your specific state laws.

Can you legally charge a late payment fee?

Yes, late payment fees are perfectly legal.

How long can an invoice be unpaid?

Federal law says that invoices remain outstanding for up to 6 years; i.e., you can pursue a client for an unpaid invoice even if that invoice is 6 years old. Past that point, you'll probably need to seek legal action if you want to receive your payment.

How to handle overdue invoices?

  1. Set Clear Payment Terms. ...
  2. Invoice Quickly. ...
  3. Communicate Due Dates. ...
  4. Do Not Give Early Payment Discounts. ...
  5. Follow-Up After the Due Date Has Passed. ...
  6. Make It Easy to Pay. ...
  7. Sell Unpaid Invoices: Get Your Invoices Funded in Days.

Is there a time limit on unpaid invoices?

The general rule is that if it becomes necessary to issue legal proceedings to recover an unpaid invoice, then the creditor must do so within the statutory time limit of six years from when the clock starts to tick.

How to deal with clients who refuse to pay?

Be persistent: Send friendly reminders

According to Small Business, it's okay to send monthly bills that clearly show overdue payments. Calling the customer once a week might also work, but do be aware of your state's collection laws and the fine line when persistent becomes too persistent.

What makes an invoice illegal?

False invoicing may also be considered invoice fraud. This occurs when a business sends an invoice to a customer to pay for goods or services that the business is aware that the customer did not purchase.

What is the minimum debt to be sued?

In short: Debt collectors typically start considering lawsuits for amounts around $1,000 to $5,000, but there's no strict rule. If your debt is within that range, or if you've ignored collection calls or letters, you could be at risk of being sued.