What is the late invoice clause?

Asked by: Stanton Bogisich Sr.  |  Last update: September 17, 2026
Score: 4.8/5 (25 votes)

A late invoice clause, or late payment penalty clause, is a contractual provision defining the consequences for not paying an invoice by the agreed due date. It protects vendors by enabling them to charge interest or fees for overdue payments, setting clear deadlines, and outlining remedies like suspending services. It ensures compensation for payment delays.

What is an example of a late payment clause?

Upon the failure of Buyer to pay in full any installment due hereunder within five days of the due date for such installment, a late payment penalty of One Hundred Dollars ($100) (the "Late Payment Amount") shall immediately be charged to Buyer and Buyer shall pay the Late Payment Amount to Sellers within ten days of ...

How late can an invoice be issued?

Is there a time limit for issuing an invoice? 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.

What is the late fee wording on an invoice?

The invoice payment terms should detail when late fees are due and the rates applied. A simple example late fee phrase could be: “Invoice payment is due within 30 days. Please be advised that we will charge 1% interest per month on late invoices.”

What is a reasonable late fee on an invoice?

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.

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30 related questions found

How much can I charge for late 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.

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.

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 to ask a customer to pay a past due invoice?

Email subject: Invoice #123 is two weeks overdue

We have now reminded you several times of your payment for Invoice #123, at the amount of $____. This is just another reminder that your payment is now two weeks overdue. Please send us a response if you received these reminders, or if you lost your invoice.

How long should I give a customer to pay an invoice?

Invoices must always include the invoice date as well as the due date. Setting a due date encourages the client to pay you within a certain time frame. The general rule is 30 days from the invoice date. However, you can discuss this with your customer and either make it shorter or longer than 30 days.

What is a late invoice called?

However, your business and your client likely agreed to a due date that gives the client some time to pay the invoice—usually 30, 60, or 90 days. A “past-due invoice” is an invoice that is outstanding and beyond the due date agreed to by your business and your client.

What are common types of late fees?

An invoice late payment fee typically appears as either a flat rate charge (such as $25 or $50) or a percentage of the outstanding balance (commonly 1-2% per month).

How to write a penalty clause?

How Do I Write a Penalty Clause?

  1. Clear Identification: Explicitly state which obligations or deadlines the penalty clause applies to.
  2. Specific Penalty Amounts: Specify the exact monetary penalty that will be imposed for each failure to meet an obligation or deadline.

Can I charge a late fee on my invoice?

Yes, it's legal to charge late fees on overdue invoices as long as you outline the terms in your contract with a client. You have to provide customers with a copy of your late payment policy prior to beginning a job, and they must acknowledge it with a digital or in-person signature for it to be valid.

How do you politely say an invoice is overdue?

I wanted to politely remind you about Invoice [Invoice Number], which is currently [Number of Days] days overdue. The original invoice was sent on [Date] and the due date was [Due Date]. The total outstanding amount is [Amount Due].

How much can I charge for a late invoice?

Your late fees should also be fair. In most cases, they are expressed as a small percentage of the invoice total (less than 10%), but you are also able to charge a fixed amount as an administrative fee.

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.

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.

Can I sue someone for an unpaid invoice?

Jurisdiction and venue: You'll need to file in the correct court based on where the business was conducted or where the contract was signed. Amount in dispute: According to the California Courts Self-Help Guide, if the unpaid invoice is under $12,500, you may qualify for small claims court.

How much interest can I charge on late invoices?

Generally speaking, late fees on invoices should be capped at around 10% annually, with the interest broken down into a monthly charge. For example, if you're charging 10% interest on a $5,000 invoice, the annual interest rate would be $500, which means that the monthly interest would be $41.67.

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.

What is the 20% credit card rule?

The "credit card 20% rule" usually refers to the 20/10 Rule, a guideline suggesting your total debt (excluding mortgage) should stay under *20% of your annual net income, and monthly debt payments (including credit cards) should be under *10% of your monthly net income, helping to prevent unmanageable debt and improve financial stability by limiting borrowing to a sustainable level.
 

How do I dispute a late fee?

If a late payment on your credit reports is inaccurate or old, you can ask to have it removed by contacting the creditor or file disputes with the credit bureaus.