Introduction
Ah, the dreaded late payment. Nothing says "I value your work" quite like a client who takes their sweet time settling an invoice. As a freelancer or business owner, chasing down payments can feel like being stuck in an endless game of hide-and-seek, where you’re always “it.” But instead of playing detective, why not create a late payment policy that commands respect and gets you paid on time?
Let’s break down how to craft a late payment policy that’s effective, fair, and, most importantly, makes clients think twice before ghosting your invoices.
Read: Why you need clear payment terms in your business contracts
Why you need a late payment policy
First off, let’s answer the big question: Why bother with a late payment policy? Isn't it just another boring piece of paper?
Here’s why you should care:
Protects your cash flow: A late payment policy helps ensure you’re not left holding the bag when it comes to your cash flow. You’ve got bills to pay, too, and waiting on a client’s “check is in the mail” story doesn’t keep the lights on.
Sets clear expectations: It communicates from the start that you’re serious about getting paid. No ambiguity, no misunderstandings—just a clear agreement that says, “Here’s when you pay, and here’s what happens if you don’t.”
Encourages prompt payment: A well-crafted late payment policy with a little financial “encouragement” (a.k.a. late fees) gives clients a reason to prioritize your invoice over, say, their monthly subscription to obscure streaming services.
Reduces awkward conversations: Instead of those “Just following up on my invoice” emails, you can simply refer to the policy. It’s much easier to point to a rule than to feel like you’re nagging.
Read: The pros and cons of using standard contract templates
Step 1: Make your payment terms crystal clear
The foundation of a respected late payment policy is clear payment terms. Don’t make clients guess when or how to pay you—spell it out in your contract and invoices.
Due date
Clearly state when the payment is due (e.g., “Payment is due within 30 days of the invoice date”). Avoid vague terms like “Net 30” unless you’re sure the client knows what that means.
Payment methods
Specify which payment methods you accept—bank transfer, credit card, PayPal, carrier pigeon, etc. The more options you provide, the fewer excuses a client has for not paying.
Late fees
Clearly outline your late fees (more on that in a bit). Make sure clients know that late payments will cost them extra.
Step 2: Decide on a reasonable late fee
Now, onto the fun part: deciding on your late fees. The goal here is to strike a balance between being fair and incentivizing prompt payment. Think of it like a parking ticket—annoying, but a good deterrent.
Percentage vs. flat fee: You can charge a flat fee (e.g., $50 for late payments) or a percentage of the invoice amount (e.g., 1.5% per month). Percentages are usually more effective for larger invoices, while flat fees are simpler for smaller ones.
Grace period: Consider offering a short grace period (e.g., 3-5 days) before the late fees kick in. This shows goodwill and flexibility while still enforcing your policy.
Incremental increases: If you’re dealing with chronic late payers, consider escalating fees. For example, charge 2% for the first 30 days late, 3% for the next 30 days, and so on. It’s like a game of Monopoly, but less fun and more financially motivating.
Read: 7 common contract mistakes that could cost your business thousands
Step 3: Communicate your policy upfront
Your late payment policy is only as good as its visibility. Make sure your clients see it before they sign the contract and every time they receive an invoice.
Include it in your contract
Have your late payment policy front and center in your contract. Don’t bury it in the fine print. Make sure clients understand and agree to it before any work begins.
State it on your invoices
Include a clear statement on your invoices, such as: “Payment is due within 30 days. A late fee of 1.5% per month will apply to overdue balances.” You can even put this in bold or italics—go wild!
Confirm it in writing
When you send the contract or invoice, mention the payment terms in your email: “Just a reminder, our standard payment terms are 30 days with a late fee of 1.5% per month on overdue amounts. Let me know if you have any questions!”
Step 4: Automate Your invoicing and reminders
Automation is your friend when it comes to enforcing a late payment policy. Use invoicing software like QuickBooks, FreshBooks, or Wave to set up automatic reminders for due dates and overdue invoices.
Automatic reminders
Schedule reminders for 7 days before the due date, on the due date, and at regular intervals afterward. This takes the burden off you and puts the responsibility on the client.
Friendly follow-ups
Start with polite reminders and gradually become firmer if payment remains overdue. Think of it like a countdown: “Friendly Reminder,” “Second Reminder,” and finally, “Hey, You Really Need to Pay This Now.”
Step 5: Enforce your policy consistently
Once your policy is in place, stick to it. Consistency is key to gaining respect. If you let one client slide, others may think they can do the same. Remember, you’re running a business, not a charity.
Charge late fees as stated
Don’t be shy about adding late fees to invoices when a client misses the due date. Send a revised invoice that clearly shows the fee added.
Be firm but fair
If a client has a genuine reason for being late (like a cash flow crisis or personal emergency), you might consider waiving the fee once. But make it clear that it’s a one-time gesture, not a new standard.
Step 6: Offer incentives for early payment
Who doesn’t love a good discount? If you want to turn the tables, consider offering incentives for early payment. A small discount (e.g., 2% off if paid within 10 days) can motivate clients to prioritize your invoice.
Think of it as the carrot to your late fee’s stick. And hey, getting paid early is never a bad thing.
Step 7: Have a plan for non-payers
Despite your best efforts, some clients may still miss payments. Have a plan in place for dealing with these cases:
Final reminder: Send a “Final Reminder” email or letter outlining the overdue amount, the total late fees, and a final deadline before further action is taken.
Collections agency: If payment is still not received, consider involving a collections agency. It’s a last resort, but sometimes necessary to recover what you’re owed.
Small claims court: For significant amounts, you may need to consider small claims court. It’s not ideal, but it sends a clear message that you take your payment terms seriously.
Step 8: Review and update your policy regularly
A good late payment policy isn’t set in stone. Review and update it periodically to reflect changes in your business, market conditions, or client base. What worked for you two years ago might need a tweak today.
Read: Why you should always have a contract when doing business
Conclusion
Creating a late payment policy that clients respect isn’t just about laying down the law—it’s about setting clear expectations, protecting your cash flow, and maintaining professional relationships. By clearly communicating your terms, enforcing them consistently, and being prepared to deal with non-payers, you can turn your policy into a powerful tool that helps you get paid on time, every time.
Remember, the goal isn’t to be a collection agent; it’s to run a successful business with clients who value your work—and respect your terms. So, put that late payment policy to work and keep those cash flows flowing.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
Last updated
Sep 17, 2024