What to do when a brand doesn't pay you
A step-by-step escalation ladder for chasing unpaid brand deals, with copy-ready email scripts, late fees, pausing usage rights, small claims basics and how to prevent it next time.
Charleston Smith
Founder, Vantr
Sep 29, 2026 · 12 min read
Photo by Kelly Sikkema on Unsplash
You did the work. The post went live, the brand loved it, and now your invoice has been sitting unpaid for six weeks. Every time you think about chasing it, you worry about looking pushy or losing the relationship.
Here's the reassuring part: most late payments aren't malicious. Invoices get lost, approvals stall, the person who hired you goes on leave, or finance is simply slow. A calm, structured follow-up fixes most of them. For the few that don't, there's a clear ladder of next steps.
First, check it's actually late
Before you chase anything, confirm the basics. It's surprisingly common for a "late" invoice to be a paperwork problem.
- What are the payment terms? If your agreement says Net 30 and it's day 25, it isn't late yet. If the brand's contract says Net 60 and you didn't notice, that's the real due date.
- When does the clock start? Some contracts start the clock on delivery, some on the invoice date, some on the day the invoice is approved. Check.
- Did the invoice reach the right person? Many companies require invoices to go to an accounts payable address, not the marketing person you worked with.
- Does the invoice have everything they need? Purchase order number, your legal name, tax details, bank or payment details, the campaign name. Missing a PO number is one of the most common reasons invoices sit untouched.
- Did they need you to complete a supplier or vendor form? Larger companies often can't pay anyone until you're set up in their system.
If any of those are missing, fix it and resend. Then you can start the chase with a clean invoice they have no reason to hold up.
The escalation ladder
Think of this as steps you climb only when the previous one hasn't worked. Most payments land at step 1 or 2.
| Step | Roughly when | Tone | Goal |
|---|---|---|---|
| 1. Friendly nudge | A few days after the due date | Warm, assumes a mix-up | Find out if there's a problem |
| 2. Firm reminder | About 1 to 2 weeks overdue | Polite, direct, specific | Get a payment date |
| 3. Escalate the contact | About 2 to 3 weeks overdue | Professional, copies others | Reach someone who can approve payment |
| 4. Final notice | About 30 days overdue | Formal, clear consequences | Last chance before formal action |
| 5. Formal action | After the final notice deadline | Formal | Recover the money |
The timings are a rough guide, not rules. If a brand has been responsive and says "it's in the next payment run," give them that. If they've gone silent from day one, you can move faster.
Step 1: The friendly nudge
Assume good faith. Most of the time, this email is all it takes.
Subject: Invoice 0147 for the spring campaign
Hi Chris,
Hope the campaign's going well. I wanted to check in on invoice 0147 for 1,500 USD, which was due on 12 September. I've attached it again here in case it got lost.
Could you let me know if you need anything else from me to process it, such as a PO number or supplier form?
Thanks so much, Taylor
What it does: reattaches the invoice, gives the amount and the due date, and offers to fix any paperwork problem. There's nothing to argue with.
Step 2: The firm reminder
If a week or so passes with no payment and no reply, get more direct. Still polite, but now you're asking for a date.
Subject: Overdue: invoice 0147 (due 12 September)
Hi Chris,
Following up on invoice 0147 for 1,500 USD, now 14 days past the due date. I've attached it again.
Could you confirm when payment will be made? If it's with your finance team, I'm happy to contact them directly if you can share the right address.
Thanks, Taylor
What it does: uses the word "overdue," states exactly how late it is, and asks a question that needs a concrete answer. Offering to contact finance often shakes it loose, because it signals you won't simply wait.
Step 3: Escalate the contact
If your main contact has gone quiet, widen the circle. This isn't hostile. It's just finding the person who can actually pay you.
Who to contact:
- The accounts payable or finance address (often on the invoice instructions, the contract, or a quick search)
- The manager of the person you worked with, if you know who that is
- The agency if one sat between you and the brand. Check who your contract is actually with: that's who owes you.
Subject: Payment request: invoice 0147, 21 days overdue
Hello,
I'm a creator who completed the spring campaign for your brand, delivered on 15 August. Invoice 0147 for 1,500 USD was due on 12 September and is now 21 days overdue. I've attached the invoice and the signed agreement.
I've been in touch with Chris Moore on the marketing team but haven't been able to confirm a payment date. Could you let me know the status and when I can expect payment?
Thanks, Taylor
(cc: Chris Moore)
Copying your original contact keeps things transparent. Attach the agreement and proof the work was delivered (a link to the live post is ideal). The goal is to give finance everything they need in one email.
Step 4: The final notice
By now it's been about a month late with no resolution. This email is formal and sets a clear deadline with a clear consequence. Only state consequences you're genuinely prepared to follow through on.
Subject: Final notice: invoice 0147, 30 days overdue
Hi Chris,
Invoice 0147 for 1,500 USD, due on 12 September, remains unpaid despite my reminders on 16 September, 26 September and 3 October.
Please arrange payment by 20 October. Under our agreement, a late fee of 1.5% per month applies to overdue balances, and the usage rights granted to you for this content are conditional on payment in full.
If payment isn't received by that date, I'll need to pursue formal recovery, which may include filing a claim.
I'd much rather resolve this directly, so please let me know if there's anything preventing payment.
Taylor
Adjust the late fee and usage rights lines to match what your agreement actually says. If your contract doesn't mention them, leave those lines out rather than inventing terms after the fact. More on both below.
Late fees: when you can charge them
A late fee is only really enforceable if it was agreed in advance, typically in your contract or clearly stated on the invoice and accepted as part of the terms. Adding one to an invoice after the fact, when it was never agreed, is much harder to stand behind.
What's common:
- A percentage per month on the unpaid balance (a common starting point is somewhere around 1% to 2% per month)
- A flat fee after a certain number of days overdue
Some countries and states cap late fees or interest, and some have statutory late payment interest for business-to-business invoices that applies even if your contract didn't mention it. Rules vary a lot by location, so if you're relying on a late fee for a significant amount, check your local rules or ask an accountant or lawyer.
In practice, many creators use late fees mostly as leverage. Mentioning a contractual late fee in a final notice often gets an invoice paid, and some creators waive it in exchange for immediate payment. That's a reasonable trade.
Pausing usage rights
This is one of the most useful tools you have, and many creators don't realise they have it.
If your agreement says usage rights are granted on payment or conditional on payment in full, then a brand that hasn't paid may not have the right to keep using your content in ads, on their website or on their channels.
Where it helps:
- The brand is running your content as a paid ad or on their product pages
- The brand wants ongoing use of the content
- Your agreement clearly links the licence to payment
How to use it:
- Check your contract wording carefully.
- In your final notice, remind them the licence depends on payment.
- If they still don't pay and continue using the content, you can formally tell them that their permission to use it is suspended until payment is received, and ask them to stop.
If your contract doesn't link usage to payment, this is murkier, and it's worth a quick conversation with a lawyer before you make demands. For future deals, it's an easy line to add. There's sample wording in the prevention section.
A note on taking your own post down: if the deliverable was a post on your account, removing it is sometimes tempting. Be careful, because depending on your agreement, taking content down early could put you in breach yourself. Check the contract first, and focus on the brand's use of the content rather than your own post.
Step 5: Formal action
If the final deadline passes, you have a few options. Which one makes sense depends on the amount, where you and the brand are located, and how much time you're willing to spend.
A formal demand letter
A letter (sometimes called a letter before action or a demand letter) that sets out what's owed, the history, and a final deadline before legal action. Some creators write this themselves. A letter on a lawyer's letterhead can be more persuasive and is often fairly inexpensive for a simple debt.
Small claims court
Many countries and US states have a small claims process designed for exactly this: modest debts, no lawyer required, relatively low filing fees. General points (the details vary a lot by location):
- There's a maximum claim amount, which differs by jurisdiction.
- Where you file matters, often where the brand is based or where the contract was performed. Suing a company in another country is much harder.
- You'll need evidence: the agreement, the invoice, proof of delivery, and your chase emails.
- Winning a judgment doesn't always mean automatic payment, though many businesses pay once a claim is filed.
Check your local court's website for the rules where you are, or ask a lawyer if the amount is significant.
Platform or agency support
If the deal came through a platform's creator marketplace or an agency, check whether they have a dispute process. Some do, and they may have more leverage than you do.
Keep a clean paper trail
Whatever step you're on, keep everything:
- The signed agreement or the email thread that sets out the terms
- The invoice and every resend
- Proof of delivery: links, screenshots, dates
- Every chase email and any replies
- Notes of calls, with the date and what was said
If it ever gets to a formal claim, this is what you'll rely on. A dispute about "we never agreed to that" is far easier to win with the email where they agreed to it.
Preventing it next time
The best time to deal with late payment is before you've done the work.
Get it in writing. Scope, fee, deliverables, usage, payment terms and who the contract is with. A deal agreed only in DMs is the hardest to chase.
Take a deposit. A common starting point is 25% to 50% upfront, especially with new brands. A brand that won't pay any deposit is telling you something.
Agree the payment terms upfront. If their standard is Net 60 or Net 90, negotiate before you sign, not after.
Link usage rights to payment. Sample wording:
Usage rights granted under this agreement take effect upon receipt of payment in full. If payment is not received by the due date, all licences are suspended until payment is made.
Include a late fee clause. Sample wording:
Invoices unpaid after the due date will incur a late fee of 1.5% per month on the outstanding balance, or the maximum permitted by law, whichever is lower.
These are examples of common language, not legal advice. For bigger deals, or if you want a contract template you'll reuse, have a lawyer look it over.
Invoice straight away. Send the invoice the day the work goes live. Every day you wait is a day added to their payment timeline.
Make paying easy. An invoice with a clear due date, all the details finance needs and a simple way to pay gets paid faster. Vantr, for example, sends invoices with Stripe and PayPal pay buttons, so the brand can pay in a couple of clicks instead of setting up a bank transfer.
Mistakes to avoid
Waiting too long to chase. The longer an invoice sits, the easier it is for it to fall through the cracks, and the more it feels normal to them. Chase within a few days of the due date.
Making threats you won't follow through on. It damages your credibility and can make things worse.
Getting emotional in writing. Stay factual. Everything you write could be read by a finance team, a manager, or a judge.
Doing more work for a brand that owes you. Pause any new deliverables until the overdue invoice is settled.
Frequently asked questions
How long should I wait before chasing a late payment?
A few days after the due date is reasonable for a friendly nudge. There's no need to wait weeks.
What if the brand says the agency hasn't paid them, or the agency says the brand hasn't paid?
Check who your contract is with. That party owes you, regardless of what's happening between them and anyone else. Politely point that out.
Can I charge a late fee if it wasn't in my contract?
It's much harder to enforce. Some places have statutory late payment interest for business invoices, but the rules vary. For future deals, put it in the agreement upfront.
The short version
Confirm the invoice is correct and actually late. Then climb the ladder: a friendly nudge, a firm reminder, a wider circle, a final notice, and formal action only if you need it. Stay factual, keep every email, and use the leverage you have: late fees and usage rights that depend on payment. Then put deposits, clear terms and usage-on-payment wording in your next contract, so you have to do this far less often.
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