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BUSINESS STRATEGY

How to handle a client who refuses to pay

Non-payment by clients is a painful but common reality for Indian service businesses. Your ability to recover depends largely on what you did before the dispute — your contract, your documentation, and your invoice process.

Step 1: Escalate within the client organisation. If your primary contact is not responding to invoices, go above them. Send a formal email to their Finance or CEO level, referencing the contract, the invoice dates, and the outstanding amount. Frame it as a process issue, not a personal one.

Step 2: Send a formal demand letter. If escalation doesn't work within 15 days, send a legal notice through a lawyer. This is a formal letter demanding payment within a specified period (usually 15–30 days) before legal action. Most disputes are settled at this stage.

Step 3: Legal options. For amounts above ₹1 lakh, you can file a suit for recovery in civil court. If you have a signed agreement (not just email), this is relatively straightforward. For amounts above ₹20 lakhs, you can also approach the National Company Law Tribunal (NCLT) if the other party is a company and the payment is undisputed. MSME registered businesses can use the MSME Samadhaan platform for filing facilitated dispute resolution with the MSEFC (Micro and Small Enterprises Facilitation Council).

Your leverage depends on your documentation. If you have a signed contract, PO, delivery acknowledgements, and invoice records, you have a strong case. If you have only email threads and no signature, it's harder.

Prevention: run credit checks on new clients (especially in sectors with known payment delays). Get advance payments for new relationships. Include late payment interest in every contract.

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