What to Do When a Brand Pays Late
If a brand didn't pay, first check that the invoice is actually overdue under the contract's terms (net 30, 60 or 90), then confirm it reached accounts payable with everything AP needs. Most late payments are fixed with a polite reminder the day after the due date, a firmer one a week later, and a call or escalation to the person who signed the deal. Legal options exist, but they come last.
Below: what "late" means, a reminder schedule with templates you can copy, how to escalate, and how late fees and freelancer protection laws work.
First, check whether it's actually late
Read the payment terms
Your contract sets the due date. Net 30 means due 30 days after the invoice date (or after the brand receives it, depending on wording). Net 45, 60 and 90 work the same way.
Long terms are common in brand deals. Influencer Marketing Hub reports that brands "routinely push Net-60, Net-90, or even Net-120," and that a Net-60 or Net-90 contract can turn into a 90- to 180-day wait before funds clear (Influencer Marketing Hub). The source attributes that second figure to creator experiences, not a formal study.
Also check what starts the clock. Some contracts count from the invoice date, some from receipt, some from when the content goes live or the campaign ends.
Check the invoice itself
Before you chase anyone, confirm:
- Did you send it to AP (or the address in the contract), not just your marketing contact?
- Did it include the PO number, if the brand uses them?
- Did you complete vendor setup and send a W-9?
- Do the company name, amounts and deliverables match the contract?
A held invoice and a late payment look the same from your side. Our guide on how to invoice a brand covers what AP usually needs.
Check your own records
Look at your bank account and payment apps. Payments sometimes arrive under a parent company's name, through an agency, or bundled with another invoice.
A reminder schedule that works
This is a common cadence, not a rule. Adjust it to the relationship and the amount.
| When | What |
|---|---|
| 3–5 days before due | Friendly heads-up (optional, useful for first-time brands) |
| 1 day after due | First reminder, polite, invoice attached |
| 7 days after due | Second reminder, ask for a payment date |
| 14 days after due | Escalate: copy the deal signer and AP manager, or call |
| 30 days after due | Final notice stating next steps |
| After that | Formal demand, then outside options |
Influencer Marketing Hub suggests a similar escalation (reminders at net term + 3 days, an email at + 5, a call at + 10) in its sample brief language (Influencer Marketing Hub).
Keep every message in writing, even after a phone call. A short "Thanks for the call, confirming payment will go out by the 15th" email creates a record.
Email templates
Copy and edit these. Replace the brackets.
Before the due date (optional)
Subject: Invoice #[1047] – due [Dec 3]
Hi [Name], a quick note that invoice #[1047] for the [Campaign] campaign ($[2,180]) is due [December 3]. Could you confirm it's in your system and approved? Happy to resend or fill in anything AP needs. Thanks!
1 day overdue
Subject: Invoice #[1047] – past due
Hi [Name], invoice #[1047] for $[2,180] was due yesterday, [December 3]. I've attached it again along with the PO number ([PO-88213]). Could you let me know when payment is scheduled? Thank you.
7 days overdue
Subject: Invoice #[1047] – 7 days past due
Hi [Name], following up on invoice #[1047] ($[2,180]), now 7 days past due. Could you confirm a payment date, or let me know if anything is holding it up on your end? If someone in accounts payable is better to contact, I'm happy to reach out directly.
14 days overdue (escalation)
Subject: Invoice #[1047] – 14 days past due – [Brand] x [Your channel]
Hi [Name] and [AP contact / deal signer], invoice #[1047] for $[2,180] under our agreement dated [October 1] is now 14 days past due. The content was delivered on [October 28] (links below). Please confirm the payment date by [date]. Invoice, contract and PO attached.
30 days overdue (final notice)
Subject: Final notice – Invoice #[1047] – 30 days past due
Hi [Name], invoice #[1047] for $[2,180] is now 30 days past due, and I haven't received a payment date. Please send payment by [date, e.g. 10 business days out]. [If your contract has a late fee: "Per section [X] of our agreement, a late fee of [terms] applies from [date]."] If payment isn't received by then, I'll consider next steps to collect the balance.
Keep the tone factual. Brands remember who was easy to work with, and the person you're emailing usually isn't the one holding up the money.
If the invoice is in STAKD, you don't have to start the first reminder from a blank email: for an overdue invoice it drafts one with the invoice number, amount, invoice date, due date and days overdue filled in, which you edit and send.
How to escalate
When reminders don't work, widen the circle in this order:
- Ask directly what's blocking it. "Is there a problem with the invoice or the work?" sometimes surfaces a missing form or a dispute you didn't know about.
- Go to accounts payable. Ask your contact for an AP email or phone number, or find it on the brand's vendor portal.
- Copy the person who signed the contract, or your contact's manager.
- If an agency booked you, go to the agency first. Your contract is usually with the agency. Ask whether the brand has paid the agency yet.
- Pause new work. If you have other deliverables pending with the same brand, many contracts allow (or you can negotiate) pausing work until the overdue balance is paid. Check your contract first.
- Ask about a payment plan if the brand says it can't pay in full. Partial payment now is better than none.
Whatever you escalate, keep the invoice, contract, delivery links and every reply together for that deal. If it comes to a demand letter or small claims, that file is your evidence.
Late fees
A late fee is a charge added when an invoice isn't paid on time. Creators sometimes include them as a contract clause, for example:
- a flat fee after a grace period, or
- interest as a monthly percentage on the unpaid balance.
Influencer Marketing Hub's sample language includes options like a 5% flat fee after a grace period, and interest accruing weekly on the outstanding balance (Influencer Marketing Hub). Those are sample clauses, not standard rates.
Things to know about late fees:
- They generally work when they're in the contract. Adding a late fee to an invoice that the brand never agreed to is unlikely to be enforceable on its own, though it may still prompt payment.
- States limit interest. Many states cap the interest rate that can be charged, and the rules differ. A very high rate can make the clause unenforceable.
- They're leverage, not income. Many creators waive the fee in exchange for prompt payment. The clause still helps get your invoice to the top of the pile.
For contract terms to look for before signing, see our brand deal contract checklist.
Freelancer protection laws
Several places have laws that set payment deadlines for independent contractors. Whether one applies depends on where you and the brand are, the contract amount and its date, so these are examples, not a full list:
- New York City. The Freelance Isn't Free Act requires written contracts for work worth $800 or more (including work totaling $800 over 120 days) and says payment is due on the contract date, or within 30 days after the work is completed if no date is set. It also prohibits retaliation. Complaints go to the city's Department of Consumer and Worker Protection, which notes it can't act as your attorney (NYC DCWP). New York State passed a similar statewide law.
- Illinois. The Freelance Worker Protection Act covers contracts of $500 or more in a 120-day period and requires payment by the contract due date or, if none is specified, within 30 days of completing the work. It applies to contracts that took effect after July 1, 2024 (Illinois Department of Labor).
- California. SB 988, the Freelance Worker Protection Act, applies to contracts entered into or renewed on or after January 1, 2025, for professional services of $250 or more, and sets a default of 30 days after the work is completed when the contract has no payment date (California Senate Judiciary Committee analysis).
Other cities and states have passed or proposed similar rules. Check your own state's labor department.
Other legal options
If a brand still won't pay, the usual options are:
- A formal demand letter that states the amount, the contract and a deadline. Some creators send one themselves; others have a lawyer send it.
- Small claims court. Limits on the amount you can claim vary by state. Filing is generally designed to work without a lawyer.
- A collections agency, which typically keeps a percentage of what it recovers.
- A lawyer, for larger amounts or if the contract has an attorney's-fees clause.
Your contract may also require mediation or arbitration first, or name the state whose courts handle disputes. Read the disputes section before choosing a path.
This section is general information, not legal advice. For advice about a specific contract or dispute, talk to a licensed attorney in your state.
How to make it less likely next time
- Negotiate terms before signing. Net 30 instead of net 90, or a deposit up front for first-time brands.
- Ask for the AP process at the start: W-9, vendor setup, PO number, invoice address.
- Invoice the day the content goes live.
- Put a late-fee clause and a pause-work clause in your contract.
- Keep a paper trail for every deal: contract, invoice, delivery links, emails. Our guide to tracking brand deals covers how.
How STAKD handles this
The usual reason a late payment goes unnoticed is that nothing tells you it's late. The invoice went out, the due date was never written down, and by the time you check, it's weeks past. STAKD keeps the pieces you need for each step above in one place:
- Overdue is visible. Invoices are tracked as draft, sent, paid or overdue. An invoice with a due date shows as overdue once that date passes, so the day-after reminder in the schedule above doesn't depend on memory.
- A drafted reminder. For an overdue invoice, STAKD drafts a payment-reminder email with the invoice details filled in. You edit it, send it yourself, and use the templates above for later stages. STAKD doesn't chase payments automatically and can't guarantee a brand pays.
- The deal's paper trail. Each invoice is linked to its campaign, which holds the deliverables, notes, linked brand contact and attached contract. Upload the contract and AI pulls out key terms such as payment terms, so you can see what the brand agreed to before you send a firmer reminder.
- Sent from your Gmail. Invoices go out through your connected Gmail with the PDF attached, so the original send sits in your own sent folder with a date on it.
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