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Contractor Not Paying Invoice: What to Do Right Now (State-by-State Guide)

Contractor Not Paying Invoice: What to Do Right Now (State-by-State Guide)

A contractor ghosted you on payment. You finished the job, sent the invoice, and now… nothing.

Here's exactly what to do, with state-specific tactics that actually work.

First 48 Hours: Document Everything

Before you do anything else:

  • Screenshot all communications (texts, emails approving work)
  • Gather proof of work (photos, site reports, signed completion forms)
  • Pull your contract (or work order, or text confirmation — whatever you have)
  • Collect all invoices (original + any reminders you sent)
  • Note payment terms (Net 30? Due on receipt? What did you agree to?)

Put all of this in one folder (digital or physical). This is your evidence packet.

Week 1: Friendly Follow-Up (Don't Skip This)

Start nice. Seriously. Sometimes invoices get lost, emails go to spam, or accounting is just slow.

Day 1-3: Call them directly

"Hi, this is [Your Name]. I wanted to confirm you received Invoice #123 for the [job description]. Just making sure it didn't get lost. When can I expect payment?"

Day 5-7: Send friendly email

"Hi [Name], following up on Invoice #123 for $[amount]. It was sent on [date] and due on [date]. Can you let me know the status? Thanks!"

Keep it professional. No emotion yet.

Week 2-3: Formal Demand Letter

If Week 1 gets no response, it's time to get serious.

Send a demand letter via email + certified mail:

"Dear [Contractor Name],

This letter serves as formal notice that payment for Invoice #[number] in the amount of $[amount] is now [X] days overdue.

Work was completed on [date]. Invoice was sent on [date]. Payment was due on [date]. Despite multiple attempts to contact you, payment has not been received.

Please remit payment within 10 business days to avoid the following actions:

  • Filing a mechanics lien (if applicable in [State])
  • Referral to a collections attorney
  • Legal action in [State] courts
  • Interest charges as allowed by state law

I have maintained complete documentation of work performed, communications, and payment attempts. I prefer to resolve this directly rather than through legal channels.

Payment must be received by [specific date].

Respectfully,
[Your Name]
[Your Company]
[License # if applicable]
[Phone]
[Email]"

Why certified mail matters: Creates legal proof they received it. If you end up in court, this matters.

Week 3-4: File Mechanics Lien (If You're Eligible)

Can you file a lien?

Yes, if:

  • You worked on real property (building, land improvement)
  • You're within your state's deadline (varies by state!)
  • You follow your state's notice requirements

No, if:

  • You did non-real-property work (some repairs, service calls)
  • You missed your state's deadline
  • You're in a state with weird lien laws (Louisiana, I'm looking at you)

State-Specific Lien Deadlines (DO NOT MISS THESE)

Fastest Deadlines (File ASAP):

  • Texas: 15th day of 3rd month (residential) or 4th month (commercial) after completion
  • California: 90 days for most projects
  • Florida: 90 days from last day you worked
  • New York: 8 months from last work (longer, but don't wait)

⚠️ Check your specific state: Every state is different. Google "[Your State] mechanics lien deadline" or use Levelset's free state guides.

How to File a Mechanics Lien (Step-by-Step)

  1. Research your state's requirements (Levelset.com has free guides for all 50 states)
  2. Prepare lien document with required info:
    • Your name and contact info
    • Property owner's name
    • Property address (legal description required in some states)
    • Amount owed
    • Description of work performed
    • Dates you worked
  3. File with county recorder/clerk (where property is located, $20-200 filing fee)
  4. Send notice to property owner (certified mail in most states)
  5. Send notice to GC (if you're a subcontractor)

DIY or hire help?

  • DIY: If you're comfortable with legal docs, save money. State forms often available online.
  • Levelset: $200-500, they handle everything, guarantee compliance with state law
  • Title company: Some will file liens for you ($150-300)
  • Attorney: Overkill for simple lien filing, but smart for complex situations

What Happens After You File the Lien

80% of contractors get paid within 2 weeks of filing a lien.

Why it works:

  • Lien shows up on property title
  • Owner can't sell or refinance until it's cleared
  • Banks freak out when they see liens
  • Creates legal liability for the owner

If they still don't pay, you must enforce the lien (sue to foreclose) within your state's deadline (usually 1 year).

Can't File a Lien? Other Options

Option 1: Small Claims Court

Limits vary by state:

  • $20,000: Texas (highest in US)
  • $10,000: California, Kentucky, Tennessee
  • $5,000-8,000: Most other states
  • $2,500-3,000: Some states (lower limits)

Small claims is DIY-friendly. No lawyer needed. File yourself, show up with your docs, win.

Option 2: Hire Collections Attorney

For debts $5k+:

  • Most work on contingency (30-40%)
  • They send scary letterhead
  • They file lawsuits
  • They handle collection

Find one through your state bar association.

Option 3: Collections Agency

Last resort. You'll only get 30-50 cents on the dollar. But it's something, and it damages their credit.

State-Specific Payment Laws (Know Your Rights)

States with Prompt Payment Laws:

  • Texas: 10 days for residential (under $5k), 7 days for subs after GC receives payment
  • California: 30 days for private projects, 7 days for subs
  • Florida: Must pay within timeline specified in contract, or "reasonable time"
  • New York: 7 days for private construction

These laws let you charge interest on late payments (usually 1-1.5% per month).

Include this in your demand letter: "Per [State] law, this invoice is accruing interest at [%] monthly."

What NOT to Do (Avoid These Mistakes)

❌ Don't wait forever

The longer you wait, the less likely you'll get paid. Follow up early and often.

❌ Don't get emotional

Stay professional. Angry emails and threats hurt your case if you end up in court.

❌ Don't skip documentation

If you can't prove you did the work or they approved it, you'll lose in court.

❌ Don't violate state collection laws

Every state has rules about what you can/can't say when collecting debts. Don't threaten illegal things.

❌ Don't do more work for them

Cut them off immediately. No new jobs until they pay the old invoice.

Prevention: How to Never Deal With This Again

Contractors who don't have payment problems:

  • Get it in writing (contract, work order, or at minimum a text confirmation)
  • Progress payments (deposit + milestone payments, never 100% on completion)
  • Invoice immediately (parking lot invoice, same day as completion)
  • Document on-site (photos, site reports, approvals — timestamped, sent same day)
  • Follow up fast (day 5, not day 45)
  • Show you're organized (professional invoices, PDFs, tracking system)

When contractors know you document everything and follow up immediately, they don't try to ghost you. Because they know you'll escalate.

The Real Numbers

What actually works (success rates from contractors who've been there):

  1. Mechanics lien: 80% pay within 2 weeks
  2. Attorney demand letter: 60% pay within 30 days
  3. Small claims lawsuit: 80% win, 50% collect full amount
  4. Collections agency: 30% recovery rate
  5. Friendly follow-up only: 20% pay (too easy to ignore)

The earlier you escalate, the better your odds.

Bottom Line

Don't wait. Don't hope. Don't "give them one more week."

Follow the timeline:

  • Week 1: Friendly follow-up
  • Week 2: Formal demand letter
  • Week 3-4: File lien or sue
  • Week 5+: Enforce/collect

Contractors who follow this timeline get paid. Contractors who wait and hope don't.