Client Not Paying Your Invoice? A Step-by-Step Guide

TL;DR — Key Takeaways

A client hasn't paid your invoice. Before you panic or pick up the phone for an awkward call, know this: most unpaid invoices in Poland are resolved amicably, without lawyers or courts. This guide walks you through every step — from a friendly nudge to a formal pre-legal demand — so you recover your money while keeping the relationship intact wherever possible.

• Most late payments are due to oversight, not bad faith.
• You are legally entitled to statutory interest and a fixed compensation (40–100 EUR) from day one of delay.
• Escalate gradually: reminder → firm request → written demand → pre-legal notice.
• Document every communication — it matters if you end up in court.

Step 1: Check the Basics Before You Do Anything

Before contacting the client, do a quick internal check. It takes two minutes and can save you an embarrassing conversation.

1. Was the invoice actually sent? Confirm it left your system and landed in their inbox (or KSeF, if applicable).
2. Is the due date correct? Double-check the payment terms on the invoice match what was agreed.
3. Did you deliver everything? If there is a pending dispute about goods or services, the client may be withholding payment for a reason they haven't communicated.
4. Has the payment already arrived? Check your bank statement — bank transfers can take a day or two, and sometimes the money is there but not yet reconciled.

If everything is in order and the due date has passed, move to Step 2.

Step 2: Send a Polite First Reminder (Day 1–3 of Delay)

The tone here is friendly and neutral. Assume good faith. Most overdue invoices at this stage are simply forgotten — a short email or SMS is all it takes.

What to include:

• Invoice number and amount
• Original due date
• Your bank account number (again — make it easy for them)
• A soft deadline: "Could you confirm payment by [date]?"

Keep it short. One paragraph. No threats, no accusations. You want them to pay, not to get defensive.

Tip: Terminovo can send this first reminder automatically the day after the due date — by email and/or SMS — so you never have to think about it. You set the tone once; the system handles the rest.

Step 3: Follow Up by Phone (Day 5–7 of Delay)

If there is no response to your first email, a phone call is the most effective next step. Emails get buried; a call gets a real-time answer.

Keep the call professional and solution-focused:

• "Hi, I'm calling about invoice [number] — just wanted to check if there were any issues with it."
• Listen before you speak. There may be a legitimate reason: cash flow problem, approval delay, an issue with the invoice itself.
• Agree on a specific payment date and confirm it in writing immediately after the call.

The goal is not to confront — it's to get a commitment. "I'll pay by Friday" is progress.

Step 4: Send a Formal Written Reminder (Day 10–14)

If the phone call didn't produce payment, it's time to shift tone. This is still amicable, but it's now a formal document.

A formal written reminder (in Polish: wezwanie do zapłaty) should include:

• Your company details and the client's company details (with NIP)
• Invoice number, amount, and original due date
• Total amount now owed, including accrued statutory interest
• A new, firm payment deadline (typically 7 days)
• A statement that failure to pay may result in legal action

Send it by email and by registered post (Polish: list polecony za potwierdzeniem odbioru). The registered letter matters — it creates a verifiable delivery record that's admissible in court.

You can use Terminovo's payment reminder generator to produce a correctly formatted demand letter in minutes.

What Are You Legally Entitled To Under Polish Law?

This is where many business owners leave money on the table. Polish law — specifically the Ustawa o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych (Act on Counteracting Excessive Delays in Commercial Transactions) — gives you three automatic entitlements the moment your invoice is overdue:

1. Statutory Interest for Late Payments

From the day after the due date, you are entitled to charge statutory interest for late commercial transactions (Art. 7(1) of the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions). For commercial transactions (B2B), the current rate is the National Bank of Poland reference rate + 10 percentage points. You don't need to include this in your original invoice — it accrues automatically by law.

Use our interest calculator to see exactly how much interest has accrued on any invoice.

2. Fixed Compensation (40 / 70 / 100 EUR)

Under Article 10 of the Act, you are entitled to a fixed compensation to cover your debt recovery costs:

Invoice Amount	Fixed Compensation
Up to 5,000 PLN	40 EUR equivalent in PLN
5,001 – 50,000 PLN	70 EUR equivalent in PLN
Over 50,000 PLN	100 EUR equivalent in PLN

This is per invoice. If a client owes you on three invoices, you can claim the compensation three times. It does not require proof of actual costs.

Calculate your exact entitlement with our compensation calculator.

3. Recovery of Additional Costs

If your actual recovery costs (e.g., a debt collection agency) exceed the fixed compensation, you can claim the difference. Keep records.

Step 5: Issue a Pre-Legal Demand Letter (Day 20–30)

If the formal reminder produces nothing, the next step is a ostateczne przedsądowe wezwanie do zapłaty — a final pre-legal demand. This document signals clearly that legal proceedings are imminent.

This letter should:

• Reference all previous communications (with dates)
• State the total amount owed: principal + interest + compensation
• Set a final deadline (5–7 days is standard)
• Explicitly state that failure to pay will result in court proceedings under the Polish Code of Civil Procedure
• Mention the elektroniczne postępowanie upominawcze (EPU) — the online payment order procedure, which is cheap and fast

Send by registered post only. Email alone is not sufficient at this stage.

Step 6: Know Your Legal Options

If the pre-legal demand goes unanswered, you have several paths:

Online Payment Order (EPU)

The elektroniczne postępowanie upominawcze is Poland's online fast-track court procedure for undisputed debt claims. You file online at e-sad.gov.pl, the court fee is 1.25% of the claim (minimum 30 PLN), and the court typically issues a payment order within weeks. If the debtor doesn't object, it becomes enforceable. If they do object, the case moves to a standard civil court.

This is the most cost-effective first legal step for claims under 75,000 PLN.

Standard Civil Proceedings

For larger claims or disputed debts, standard civil proceedings before a Polish district court (sąd rejonowy for claims up to 75,000 PLN, sąd okręgowy for higher amounts) may be required. Engage a Polish commercial lawyer if you reach this stage.

Debt Collection Agency

A professional collection agency can take over amicable collection efforts and, if needed, legal action. Terminovo partners with certified agencies if you need to escalate beyond self-managed reminders.

Common Mistakes to Avoid

• Waiting too long: Every week of delay reduces recovery probability. Act within 30 days of the due date.
• Not documenting communications: If you go to court, you need proof. Always follow phone calls with an email summary.
• Threatening without following through: If you say you'll take legal action, do it. Empty threats train clients to ignore you.
• Burning the bridge before trying: Start soft. A harsh tone in the first message can destroy a good client relationship over what was an honest oversight.
• Ignoring smaller invoices: Small amounts add up. Automation makes it cost-effective to chase every overdue invoice, no matter the size.

How Terminovo Fits Into This Process

Terminovo automates Steps 2–4 entirely. You set your reminder sequence once — for example, a friendly email on day 1, an SMS on day 5, a firm reminder on day 10 — and the system handles delivery, tracking, and escalation automatically.

When a client pays, reminders stop immediately. You see everything in one dashboard: who owes what, how long it's been overdue, and which communication has been sent.

For Polish businesses operating under KSeF, Terminovo also links invoice issuance to the reminder workflow, so overdue tracking starts the moment an invoice is sent to the National e-Invoice System.

Recovery Probability Over Time

Days Overdue	Typical Recovery Rate
1–30 days	~90%
31–60 days	~75%
61–90 days	~55%
91–180 days	~35%
Over 180 days	~15%

The data is clear: act early. The longer you wait, the harder — and more expensive — recovery becomes.

Summary: Your Action Checklist

1. Check your own records before contacting the client.
2. Send a polite reminder on day 1–3.
3. Follow up by phone on day 5–7.
4. Send a formal written reminder on day 10–14 (email + registered post).
5. Calculate and include statutory interest and 40/70/100 EUR compensation.
6. Issue a pre-legal demand on day 20–30.
7. If no response, file an EPU claim online.

You have the law on your side. Use it — calmly, systematically, and early.