📋 Обзор: B2B Unpaid Invoices

When a business client fails to pay for goods or services you provided, California law gives you powerful tools to collect what you are owed. A well-crafted требование is often the first step to recovering payment without costly судебный процесс.

Когда Использовать Это Руководство

This guide is for business-to-business (B2B) invoice collection when:

💰 Invoice is Past Due

The payment deadline stated on your invoice has passed without payment

📩 Нет Response

The debtor has ignored your payment reminders or informal collection attempts

👥 B2B Transaction

Both you and the debtor are businesses (not consumer debt)

✅ Work Completed

You fully performed your obligations - goods delivered or services rendered

Common B2B Invoice Dispute Scenarios

💼 Услуги Rendered But Not Paid

▼

You provided professional services (consulting, marketing, IT, legal, accounting, etc.) and the client accepted the work but has not paid the invoice. This is the most common B2B collection scenario. Your demand should emphasize completion of the work and acceptance by the client.

📦 Goods Delivered But Not Paid

▼

You sold and delivered goods to a business customer who has not paid. California Commercial Code provisions apply to sales of goods. Document delivery confirmation, acceptance of goods, and any инспекция period that has passed without rejection.

💲 Partial Payment Received

▼

The client made a partial payment but owes a remaining balance. Your demand should acknowledge the partial payment, state the exact remaining balance, and demand full payment of the outstanding amount plus any applicable late fees and interest.

🔁 Ongoing Relationship with Outstanding Balance

▼

You have an ongoing business relationship with multiple invoices, some of which remain unpaid. Your demand should itemize all outstanding invoices, indicate which are past due, and consider whether to continue providing services while collection is pending.

👍 Что Вы Можете Взыскать

  • Principal amount - The full invoice amount owed
  • Prejudgment interest - 10% per year on the unpaid amount (Cal. Civ. Code 3287)
  • Late fees - If specified in your contract or invoice terms
  • Адвокат fees - If your contract includes an адвокат fee provision (Cal. Civ. Code 1717)
  • Collection costs - If specified in your contract

⚠ Срок Исковой Давности

California has strict time limits for filing unpaid invoice claims:

  • Written contracts: 4 года from the date payment was due (CCP 337)
  • Oral contracts: 2 года from the date payment was due (CCP 339)
  • Open book accounts: 4 года from the last item in the account (CCP 337)

Do not delay - act quickly to preserve ваши права and maximize interest взыскание.

💰 Рассчитайте Свои Убытки

Under California law, вы можете взыскать the full invoice amount plus interest and other costs. Here is how to calculate your total требование.

Damage Type Описание
Principal Amount The total unpaid invoice amount for goods delivered or services rendered.
Prejudgment Interest (10%) Under Cal. Civ. Code 3287(a), 10% per year calculated from the date each invoice was due until payment. Interest accrues daily.
Contractual Late Fees If your contract or invoice terms specify late fees (e.g., 1.5% per month), these are recoverable if they are a reasonable estimate of actual убытки.
Адвокат Fees Under Cal. Civ. Code 1717, recoverable if your contract contains an адвокат fee provision. The prevailing party gets fees.
Collection Costs If your contract provides for взыскание of collection costs, you can include documented collection expenses.

📊 Пример Расчёта Убытков

Example: Consulting Услуги Invoice - 18 Months Overdue

Original invoice amount $45,000.00
Prejudgment interest (10% x 1.5 years) $6,750.00
Contractual late fees (if applicable) $2,025.00
Estimated адвокат fees (if contract provides) $5,000.00
TOTAL ТРЕБОВАНИЕ $58,775.00

Calculating Prejudgment Interest

The formula for calculating prejudgment interest is:

🔎 Interest Calculation Formula

Principal x 0.10 x (Days Past Due / 365) = Prejudgment Interest

Example: $50,000 invoice, 547 days overdue
$50,000 x 0.10 x (547 / 365) = $7,493.15 in interest

⚠ Late Fees vs. Prejudgment Interest

If your contract specifies late fees (e.g., 1.5% per month = 18% annually), you generally must choose between contractual late fees OR statutory prejudgment interest - you cannot recover both on the same amount. Calculate which is higher and demand that amount.

✅ Контрольный Список Доказательств

Gather these documents before sending your требование. Strong documentation increases your leverage and supports судебный процесс if needed.

📄 Документы по Договору

  • ✓ Signed service agreement, sales contract, or master agreement
  • ✓ Purchase orders or work orders
  • ✓ Statements of work or project scopes
  • ✓ Terms and conditions (if referenced in contract)

📋 Invoices

  • ✓ All unpaid invoices with dates and amounts
  • ✓ Invoice delivery confirmation (email receipts)
  • ✓ Payment terms stated on each invoice
  • ✓ Partial payment records (if applicable)

📦 Delivery Confirmations

  • ✓ Signed delivery receipts or bills of lading
  • ✓ Shipping tracking confirmations
  • ✓ Service completion sign-offs
  • ✓ Client approval emails or acceptance documentation

📩 Коммуникации

  • ✓ Email correspondence about the project/order
  • ✓ Payment reminder emails sent
  • ✓ Any promises to pay or payment plans discussed
  • ✓ Any disputes or исковое заявлениеs raised (and your responses)

🔒 Documentation Best Practices

  • Keep all originals in a safe location
  • Create a chronological timeline of the business relationship
  • Save all emails in PDF format with headers showing delivery
  • Calculate a running total of principal + interest through the current date

📝 Образец Текста

Копировать and customize these paragraphs for different unpaid invoice scenarios.

Услуги Rendered Scenario

Услуги Rendered - Opening
I am writing on behalf of [YOUR COMPANY] to formally demand payment for professional services rendered to [DEBTOR COMPANY]. Despite our satisfactory completion of all contracted work and your acceptance of наша услугаs, Invoice Нет. [INVOICE NUMBER] dated [INVOICE DATE] in the amount of $[AMOUNT] remains unpaid. This invoice was due on [DUE DATE] and is now [NUMBER] days past due.

Goods Delivered Scenario

Goods Delivered - Opening
This letter constitutes a formal demand for payment on behalf of [YOUR COMPANY]. On [DELIVERY DATE], we delivered [DESCRIPTION OF GOODS] to [DEBTOR COMPANY] в соответствии с Purchase Order Нет. [PO NUMBER]. Your company accepted delivery of these goods, and the инспекция period has passed without rejection. Invoice Нет. [INVOICE NUMBER] in the amount of $[AMOUNT] was due on [DUE DATE] and remains unpaid. Under California Commercial Code Section 2607, you are obligated to pay for goods accepted.

Partial Payment Scenario

Partial Payment - Opening
This letter demands immediate payment of the outstanding balance owed by [DEBTOR COMPANY] to [YOUR COMPANY]. While we acknowledge receipt of your partial payment of $[PARTIAL PAYMENT AMOUNT] on [PAYMENT DATE], a balance of $[REMAINING BALANCE] remains unpaid on Invoice Нет. [INVOICE NUMBER]. This remaining balance has been outstanding since [ORIGINAL DUE DATE]. We demand immediate payment of the full remaining balance plus accrued interest.

Ongoing Relationship Scenario

Ongoing Relationship - Opening
Despite our valued ongoing business relationship, [DEBTOR COMPANY] has allowed multiple invoices to become significantly past due. As of [CURRENT DATE], the following invoices from [YOUR COMPANY] remain unpaid: Invoice Нет. [INVOICE 1] dated [DATE] for $[AMOUNT]; Invoice Нет. [INVOICE 2] dated [DATE] for $[AMOUNT]. The total outstanding balance is $[TOTAL]. We must receive payment before we can continue providing services.

Правовая Основа Paragraph (Use for All Scenarios)

Правовая Основа - California Law
Under California гражданский кодекс Section 3287(a), we имеют право на prejudgment interest at the rate of 10% per annum on the outstanding balance, calculated from the date each invoice became due. Дополнительно, в соответствии с California гражданский кодекс Section 1717 and the адвокат fee provision in our agreement, we имеют право на recover reasonable адвокат fees and costs incurred in collecting this debt. If судебный процесс becomes necessary, we will seek the full amount owed plus all accrued interest, адвокат fees, and суд costs.

Demand and Deadline Paragraph

Demand and Deadline
ТРЕБОВАНИЕ IS HEREBY MADE for payment of the total amount of $[TOTAL WITH INTEREST], consisting of $[PRINCIPAL] in principal and $[INTEREST] in accrued prejudgment interest through [DATE]. This amount must be received by [YOUR COMPANY] не позднее [DEADLINE DATE - typically 10-15 days]. Payment should be made payable to [YOUR COMPANY] and sent to [PAYMENT ADDRESS]. Alternatively, payment may be wired to [BANK DETAILS IF APPLICABLE].

Consequences Paragraph

Consequences of Non-Payment
If we do not receive full payment by [DEADLINE DATE], we will have no alternative but to pursue all available legal remedies without further notice. This will include filing a судебный иск in the appropriate California суд, where we will seek the full principal amount, all accrued and continuing prejudgment interest, reasonable адвокат fees, суд costs, and any other relief to which we are entitled. A judgment against [DEBTOR COMPANY] will become a matter of public record and may be reported to credit agencies. We strongly encourage you to resolve this matter now to avoid these consequences.

📄 Полный Образец Требования

Below is a complete требование template. Replace all [PLACEHOLDERS] with your specific information.

Complete Требование Template
[YOUR COMPANY NAME]
[YOUR STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE NUMBER]
[EMAIL ADDRESS]

[DATE]
ЗАКАЗНЫМ ПИСЬМОМ С УВЕДОМЛЕНИЕМ О ВРУЧЕНИИ
AND EMAIL

[DEBTOR COMPANY NAME]
[ATTENTION: ACCOUNTS PAYABLE / CEO NAME]
[DEBTOR STREET ADDRESS]
[CITY, STATE ZIP]
Re: FORMAL ТРЕБОВАНИЕ FOR PAYMENT
Invoice Нет(s): [INVOICE NUMBER(S)]
Amount Due: $[TOTAL AMOUNT DUE]

Dear [RECIPIENT NAME OR "Sir/Madam"]:

This letter constitutes a formal demand for payment on behalf of [YOUR COMPANY NAME] ("Creditor"). Despite repeated informal requests, [DEBTOR COMPANY NAME] ("Debtor") has failed to pay for [goods delivered / services rendered] as agreed.

BACKGROUND

On or about [DATE OF AGREEMENT/ORDER], Debtor engaged Creditor to provide [DESCRIPTION OF GOODS OR SERVICES] в соответствии с [CONTRACT/PURCHASE ORDER/AGREEMENT REFERENCE]. Creditor fully performed its obligations, including [BRIEF DESCRIPTION OF PERFORMANCE]. Debtor accepted [the goods / the completed work] without objection.

Creditor issued the following invoice(s) to Debtor:

Invoice Нет. [INVOICE NUMBER], dated [INVOICE DATE], for $[AMOUNT], due [DUE DATE]
[ADD ADDITIONAL INVOICES IF APPLICABLE]

Despite the passage of the payment deadline and our subsequent payment reminders on [DATES OF REMINDERS], the total amount of $[PRINCIPAL AMOUNT] remains unpaid as of the date of this letter.

LEGAL BASIS FOR THIS ТРЕБОВАНИЕ

Under California law, Debtor is obligated to pay for [goods accepted (Cal. Com. Code Section 2607) / services rendered]. California гражданский кодекс Section 3287(a) entitles Creditor to prejudgment interest at the legal rate of 10% per annum on all sums due, calculated from the date each invoice became due. [IF APPLICABLE: Более того, в соответствии с California гражданский кодекс Section 1717 and the адвокат fee provision contained in our agreement, Creditor имеет право на recover all reasonable адвокат fees and collection costs incurred in pursuing this debt.]

AMOUNT DUE

As of [CURRENT DATE], Debtor owes the following:

Principal (unpaid invoices): $[PRINCIPAL AMOUNT]
Prejudgment interest (10% per annum through [DATE]): $[INTEREST AMOUNT]
[IF APPLICABLE: Late fees per contract: $[AMOUNT]]
TOTAL AMOUNT DUE: $[TOTAL]

Interest continues to accrue at the rate of $[DAILY INTEREST AMOUNT] per day until payment is received.

ТРЕБОВАНИЕ

ТРЕБОВАНИЕ IS HEREBY MADE that Debtor pay the total sum of $[TOTAL AMOUNT] within fifteen (15) days of the date of this letter, не позднее [DEADLINE DATE].

Payment should be made by check payable to "[YOUR COMPANY NAME]" and mailed to the address above, or by wire transfer to:

Bank: [BANK NAME]
Account Name: [ACCOUNT NAME]
Account Number: [ACCOUNT NUMBER]
Routing Number: [ROUTING NUMBER]

CONSEQUENCES OF NON-PAYMENT

If Creditor does not receive full payment by [DEADLINE DATE], we will pursue all available legal remedies without further notice. This will include filing a судебный иск in the appropriate California суд seeking:

  • The full principal amount owed
  • All accrued and continuing prejudgment interest
  • Reasonable адвокат fees and costs
  • Суд costs and судебная пошлинаs
  • Any other relief the суд deems appropriate

A judgment will become a matter of public record and may be reported to commercial credit reporting agencies, which could affect Debtor's ability to obtain credit and conduct business.

We trust this matter can be resolved without судебный процесс. Однако, we are prepared to take all necessary legal action to protect Creditor's rights. Please contact the undersigned immediately to arrange payment or to discuss a resolution.

This letter is not intended to be a complete statement of all claims, убытки, or legal theories available to Creditor, all of which are expressly reserved.

С уважением,




[YOUR NAME]
[YOUR TITLE]
[YOUR COMPANY NAME]


Приложения:
- Копировать of Invoice(s)
- Копировать of Contract/Purchase Order
- Proof of Delivery/Completion

💌 Sending Tips

  • заказное письмо: Always send via USPS заказное письмо with уведомление о вручении Requested to prove delivery
  • Email Backup: Also send by email to the primary contact and accounts payable to ensure receipt
  • Keep Copies: Retain copies of the letter and all enclosures for your records
  • Track the Deadline: Mark your calendar for the response deadline and follow up promptly if no payment is received

👥 Когда Нанять a Collections Адвокат

Collecting unpaid invoices requires balancing collection costs against the debt amount. Here's when self-collection makes sense versus when professional help improves взыскание.

✅ Можете Справиться Сами Когда:

  • Invoice under $10,000 with clear documentation
  • Debtor acknowledges the debt and ability to pay
  • Small claims суд is an option (up to $12,500 in CA)
  • Debtor is local and assets are known
  • Нет dispute about scope or quality of services

⚠️ Наймите Адвоката Когда:

  • Debt exceeds $25,000
  • Debtor disputes the invoice or quality of work
  • Debtor is out of state or overseas
  • Company may be insolvent or restructuring
  • Personal guarantees may need to be enforced
  • UCC lien filing or mechanic's lien needed
  • Debtor has counterclaims or threatens судебный процесс
  • Multiple invoices or complex account history

📊 Не Уверены, Нужен ли Вам Адвокат?

Collection costs should be weighed against potential взыскание. Take our free assessment to determine the most cost-effective approach for your situation.

Пройти Бесплатную Оценку →

🚀 Следующие Шаги

What to do after sending your требование.

Ожидаемые Сроки

Дни 1-3

Debtor receives and reviews your требование

Days 3-10

Debtor consults with management, reviews their records

Days 10-15

Response expected: payment, payment plan offer, or dispute

Если Оплатят

Verify the payment covers principal plus interest through the payment date. If the payment is short, send a brief letter acknowledging receipt and demanding the remaining balance.

If They Offer a Payment Plan

Consider whether to accept. If you agree to a payment plan, document it in writing with clear terms including: payment amounts, due dates, consequences of default, and whether interest continues to accrue. Consider requiring a personal guaranty from the business owner.

If They Dispute the Debt

Review their claimed defenses carefully. Common defenses include claims of дефектный work, failure to deliver, or disputes about contract terms. Gather your доказательства and consult with an адвокат about the strength of their defenses versus ваше требованиеs.

If They Don't Respond

  1. Суд Мелких Тяжб (Up to $12,500)

    For claims up to $12,500 (increased from $10,000 in 2024), California Суд Мелких Тяжб offers a fast, inexpensive option. Нет адвокатs allowed, but you can represent your business. Filing fee is typically $75-$100.

  2. Limited Civil Суд ($12,501 - $25,000)

    For claims between $12,501 and $25,000, file in California Superior Суд, Limited Civil division. Simpler procedures than unlimited civil.

  3. Unlimited Civil Суд (Over $25,000)

    For larger claims, file in Superior Суд Unlimited Civil. Consider hiring a commercial судебный процесс адвокат. Many work on contingency or hybrid fee arrangements for strong collection cases.

  4. Collection Agency

    If судебный процесс is not practical, consider assigning the debt to a commercial collection agency. They typically charge 25-50% of amounts recovered but handle all collection efforts.

⚠ Watch the Срок Исковой Давности

  • Written contracts: 4 года from when payment was due (CCP 337)
  • Oral contracts: 2 года from when payment was due (CCP 339)

A требование does NOT toll (pause) the срок исковой давности. If your deadline is approaching, file suit immediately to preserve ваши права.

Нужна Юридическая Помощь?

Complex collection matters or large claims often benefit from professional legal guidance. Get a 30-minute strategy call with an адвокат to evaluate ваше дело and options.

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