You’ve done the work. The service was delivered. The invoice was sent. And now — silence. Or worse, excuses, disputes, or flat-out refusal to pay.
When a customer refuses to pay after service delivered, it’s about your cashflow and the principle that agreements matter. This guide shows you exactly what to do next, with realistic timelines and escalation options that work across Australia.
Why customers refuse to pay
Most non-payment falls into one of these categories:
- Genuine dispute — they claim the work was defective, incomplete, or not what was agreed
- Cashflow problems — they’re broke but won’t admit it
- Bad faith — they never intended to pay, or they’re testing whether you’ll chase
- Communication breakdown — your invoice got lost, sent to the wrong person, or buried in spam
Understanding the reason helps you choose the right response. A genuine dispute might need negotiation. A cashflow issue might need a payment plan. Bad faith needs immediate escalation.
Every day you wait costs you money. Businesses that act within 30 days of non-payment typically recover significantly more than those who wait 90 days or longer.
Step 1: Send a final invoice with a clear deadline
Before you escalate, give them one last chance to pay without legal pressure. This shows reasonableness if you end up in tribunal.
What to include:
- Original invoice details (date, amount, description of services)
- Statement that payment is now overdue
- New deadline — 7 days is standard, 14 days if you’re feeling generous
- Payment methods (bank transfer details, payment link if you have one)
- Clear consequence: “If payment is not received by [date], we will commence debt recovery action without further notice”
Timeline: Send this 7-14 days after the original invoice due date.
Delivery method: Email is fine if that’s how you’ve been communicating. For larger amounts or difficult customers, send via registered post as well so you have proof of delivery.
Step 2: Letter of demand — the formal escalation
If the final invoice doesn’t work, the next step is a letter of demand. This is a formal document that states the debt clearly, gives a final deadline (typically 7-14 days), and warns of tribunal or court action if payment is not made.
Why it works:
Most customers pay after receiving a letter of demand because it signals you’re serious. Many people don’t want a tribunal claim on their record, and businesses don’t want the administrative burden.
What to include:
- Your details and the debtor’s details
- Description of the service provided and when
- Invoice number, date, and amount
- Reference to the contract or agreement (even if verbal)
- Clear demand for payment within 7-14 days
- Statement that failure to pay will result in tribunal proceedings
Timeline: Send the letter of demand 7-10 days after the final invoice deadline passes.
How ClaimDone helps: ClaimDone generates a professionally formatted letter of demand based on the evidence you upload. You complete a 5-minute intake form, upload your invoice and any contract or correspondence, and the Proprietary AI Engine drafts a letter citing the applicable Australian law. It’s delivered automatically to the debtor via email and registered post. Flat fee of $79, done in 60 minutes.
Step 3: Consider a payment plan (if appropriate)
If the customer responds to the letter of demand but genuinely can’t pay in full, a payment plan might be the fastest way to recover your money without tribunal costs.
When to offer a payment plan:
- The customer admits the debt but has cashflow issues
- You’d rather get paid in instalments than chase them through tribunal
- The relationship is worth preserving (ongoing client, referral source)
What to include in the payment plan agreement:
- Total amount owed
- Instalment amounts and due dates
- What happens if they miss a payment (typically the full balance becomes immediately due)
- Signed by both parties
ClaimDone can prepare a formal payment plan agreement for $79. It’s legally binding, clear, and enforceable if they breach it.
Step 4: Tribunal application — small claims
If the letter of demand doesn’t work and you’re not interested in a payment plan, the next step is a tribunal claim. Every Australian state has a small claims tribunal designed for disputes like this:
- NSW: NSW Civil and Administrative Tribunal (NCAT) — up to $10,000
- VIC: Victorian Civil and Administrative Tribunal (VCAT) — up to $10,000
- QLD: Queensland Civil and Administrative Tribunal (QCAT) — up to $25,000
- WA: Magistrates Court (small claims) — up to $10,000
- SA: South Australian Civil and Administrative Tribunal (SACAT) — up to $12,000
- TAS: Magistrates Court (small claims) — up to $5,000
- ACT: ACT Civil and Administrative Tribunal (ACAT) — up to $10,000
- NT: Local Court (small claims) — up to $25,000
What you’ll need:
- Completed tribunal application form
- Copy of your invoice
- Copy of any contract or agreement (even if it’s just email correspondence)
- Copy of the letter of demand you sent
- Evidence the service was delivered (photos, emails, signed delivery notes)
- Proof of attempts to recover the debt
Timeline: Most tribunals hear small claims within 6-12 weeks of filing. The debtor typically has 14-28 days to respond to your application (varies by state).
Costs: Tribunal filing fees are typically $50-$200 depending on the claim amount and state. If you win, the tribunal can order the debtor to pay your filing fee.
How ClaimDone helps: ClaimDone prepares your tribunal application pack, including the completed form, statement of claim, and witness statement. You upload your evidence, answer a few questions, and the Proprietary AI Engine generates a tribunal-ready document citing the applicable law and procedural rules for your state. Flat fee of $97, done in 60 minutes.
Step 5: Enforcing the tribunal order
Winning at tribunal doesn’t automatically put money in your bank. If the debtor still refuses to pay, you’ll need to enforce the order. Options include:
- Garnishee order — the court takes money directly from their bank account or wages
- Seizure and sale — a sheriff seizes their assets and sells them to pay the debt
- Payment arrangement — the tribunal can order instalments if the debtor genuinely can’t pay in full
Enforcement costs extra (sheriff fees, court fees), but these can usually be added to the debt.
What NOT to do when a customer refuses to pay
- Don’t harass them — repeated calls, threats, or abusive messages can land you in legal trouble
- Don’t withhold work or access without a contractual right — if your contract doesn’t include a retention of title clause or similar, you can’t just take back what you’ve delivered
- Don’t wait months — the longer you wait, the harder it is to recover
- Don’t skip the letter of demand — tribunals expect you to have attempted recovery before filing
How to prevent non-payment in future
Once you’ve recovered this debt, take steps to reduce the risk next time:
- Require a deposit — 30-50% upfront for new clients or large jobs
- Use a written service agreement — even a simple email confirming scope, price, and payment terms
- Invoice promptly — send the invoice the day the work is completed, not weeks later
- Follow up early — if payment is 7 days late, send a reminder immediately
- Include late payment terms — your contract can specify interest on overdue amounts (typically 10-15% per annum)
ClaimDone can prepare a service agreement tailored to your business for $97. It includes payment terms, scope of work, and dispute resolution clauses that make debt recovery easier if things go wrong.
When to get a lawyer instead
ClaimDone is built for straightforward debt recovery — unpaid invoices, clear contracts, amounts under $25,000. You should speak to a qualified Australian lawyer if:
- The debt is over $25,000 (above most tribunal limits)
- The customer is disputing the quality of your work and you need expert evidence
- The customer has gone into liquidation or bankruptcy
- There are complex contractual issues (multi-party disputes, international elements)
- You’re facing a counterclaim or allegations of defective work
For standard unpaid invoices where the service was delivered and the customer is simply refusing to pay, ClaimDone gets you from invoice to letter of demand to tribunal application faster and cheaper than traditional legal services.
Final checklist: customer refuses to pay after service delivered
- Day 7-14 after invoice due date: Send final invoice with 7-day deadline
- Day 21-28: Send letter of demand with 7-14 day deadline
- Day 35-42: File tribunal application if no payment or response
- 6-12 weeks later: Attend tribunal hearing
- After tribunal order: Enforce if necessary
Every step is documented, every deadline is clear, and every escalation is proportionate.
Start your letter of demand now
ClaimDone generates professionally formatted letters of demand for Australian service businesses dealing with customers who refuse to pay after service delivered. Upload your invoice and any contract or correspondence, complete a 5-minute intake form, and the Proprietary AI Engine drafts a letter citing the applicable Australian law. It’s delivered automatically to the debtor via email and registered post.
Flat fee of $79. Done in 60 minutes. Most customers pay within 7 days of receiving it.
Generate your letter of demand in 60 minutes and get the payment you’re owed.
Frequently Asked Questions
How long should I wait before sending a letter of demand?
Send a final invoice 7-14 days after the original due date. If that doesn’t work, send a letter of demand 7-10 days later. Don’t wait months — the longer a debt sits, the harder it is to recover.
What if the customer claims the work was defective?
If they’re genuinely disputing the quality of your work, you may need to negotiate or provide evidence the work met the agreed standard. If the dispute is in bad faith (they’re just avoiding payment), proceed with the letter of demand and tribunal application. Include any evidence showing the work was completed as agreed.
Can I charge interest on overdue invoices?
Yes, if your service agreement or invoice terms include a late payment interest clause. Standard rates are 10-15% per annum. Without a written agreement, you can’t automatically charge interest, but you can claim it as part of your tribunal application.
What happens if the customer ignores the letter of demand?
If they don’t respond or pay within the deadline (typically 7-14 days), your next step is filing a tribunal application. The letter of demand shows the tribunal you attempted to resolve the matter before escalating, which strengthens your case.
Do I need a written contract to recover an unpaid invoice?
No. Even verbal agreements are enforceable in Australia. However, written evidence (emails, text messages, signed quotes, invoices) makes your case much stronger. If you have any correspondence confirming the scope of work and price, that’s usually enough.
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