
Unpaid Invoice After 90 Days: Your Nuclear Options (Liens, Court, Collections)
It's been 90 days. Your invoice is still unpaid. You've sent reminders, made calls, sent demand letters. They're still ghosting you.
Now what?
Here are your nuclear options — the moves that actually force payment when nothing else works.
Option 1: Mechanics Lien (BEST LEVERAGE)
What it is: A legal claim against the property you worked on. It prevents the owner from selling or refinancing until they pay you.
Who can file: Anyone who provided labor or materials for real property (buildings, land). Electricians, plumbers, HVAC, carpenters — if you worked on a building, you can lien it.
Deadlines (CRITICAL):
- Preliminary notice: Often required within 20 days of starting work
- Lien filing: Usually 60-90 days from job completion (varies by state)
- Enforcement: Must sue to foreclose within 90-180 days of filing lien
⚠️ Miss the deadline = lose your lien rights forever.
How to file:
- Research your state's lien laws (every state is different)
- Prepare lien document (your info, property info, amount owed, work done)
- File with county recorder ($50-200 filing fee)
- Serve notice to property owner and GC
You can DIY or use a service like Levelset ($200-500).
Why it works: GCs and property owners HATE liens. They kill financing, block sales, and make them look bad. Most pay within 2 weeks of lien filing.
Downsides:
- Strict deadlines (easy to miss)
- Paperwork-heavy (easy to screw up)
- Doesn't work for non-real-property work (landscaping, small repairs)
- Burns the relationship (you'll never work for them again)
Option 2: Small Claims Court (EASIEST DIY)
What it is: Sue them in small claims court. No lawyer needed. You represent yourself.
Limits: Most states cap small claims at $5k-10k. Check your state.
How to file:
- Go to your county courthouse (or file online)
- Fill out plaintiff claim form
- Pay filing fee ($50-200)
- Serve the defendant (sheriff does this, or certified mail)
- Show up to hearing with your evidence
What to bring to court:
- Contract or work order
- Photos of completed work
- Invoice copies (original + reminders)
- Emails/texts showing they approved work
- Your demand letter
- Timeline of events
Hearing: Judge asks you to explain. You show evidence. Defendant makes excuses. Judge decides. Takes 10-30 minutes.
Win rate: If you have documentation, you win 80-90% of the time.
Collecting the judgment: Winning is easy. Collecting is hard. If they still don't pay, you need to:
- Garnish their bank account (requires court order)
- Garnish wages (if they're an individual)
- Put a lien on their property (now you have a judgment lien)
This can take months. But at least you have a legal judgment.
Option 3: Hire a Collections Attorney (LET THEM DO THE WORK)
What it is: A lawyer who specializes in collecting unpaid debts. They sue on your behalf.
Cost: Usually 30-40% of what they collect (contingency fee). No upfront cost.
How it works:
- You send them your docs (invoice, contract, communications)
- They send scary lawyer letterhead ("Pay or we sue")
- If that doesn't work, they file a lawsuit
- They handle court, collection, garnishments
Why it works: Lawyer letters scare people. Lawsuits are expensive to defend. Most settle fast.
When to use:
- Debt is $5k+ (worth the lawyer's time)
- You have good documentation
- You don't have time to DIY small claims
- You want someone else to be the bad guy
Downsides:
- They take 30-40% (you only get 60-70 cents on the dollar)
- They won't take weak cases (need solid docs)
- Can take 6-12 months
Option 4: Send to Collections Agency (LAST RESORT)
What it is: Sell your debt to a collections company. They pay you 30-50 cents on the dollar upfront, then they chase payment.
When to use: You've tried everything, you're done fighting, you want something now.
Pros:
- You get paid immediately (even if it's only 30-50%)
- You're done — they handle everything
- Damages the debtor's credit (some revenge)
Cons:
- You only get 30-50 cents on the dollar
- Collections agencies are aggressive (may harm your reputation)
- If debt is uncollectable, they won't buy it
Option 5: Report Them (SCORCHED EARTH)
If you're never getting paid and you want to burn the bridge:
- Report to Better Business Bureau (public complaint)
- Leave reviews on Google, Yelp, Angi (warn other contractors)
- Report to state licensing board (if they're licensed and violated rules)
- Report to credit bureaus (damages their credit)
This doesn't get you paid. But it makes sure they pay a price.
Real Talk: What Usually Works
From experience, here's the success rate:
- Mechanics lien → 80% pay within 2 weeks
- Lawyer demand letter → 60% pay within 30 days
- Small claims lawsuit → 80% win, 50% actually collect
- Collections agency → 30% recovery rate
The earlier you escalate, the better your odds.
The Brutal Truth About Unpaid Invoices
After 90 days, your odds of collecting 100% are low. Every month that passes, odds drop more.
Your best options:
- File a lien NOW (if you're within the deadline)
- Sue in small claims (if under $10k)
- Hire a lawyer (if $10k+)
- Accept 30-50% and move on (if you're exhausted)
But the real lesson? Prevent this from happening again.
The contractors who never have unpaid invoices aren't lucky. They:
- Document everything in real-time (not weeks later)
- Get approvals in writing (same day)
- Invoice immediately (parking lot, not Friday)
- Follow up on day 5 (not day 60)
- Show they're organized (professional PDFs, timestamps)
When clients see you document everything, they don't try to ghost you. Because they know you have receipts.