General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, England & Wales.
Proving the debt exists
A non-payment claim usually needs three things: an agreement that work or goods would be provided at a price, evidence they were provided, and evidence payment was not made. Each of those is a document, not an argument.
- What was agreed, and at what price
- That the work was performed or the goods delivered
- That the invoice was issued and received
- That payment was not made, in whole or in part
Understanding the refusal
It is worth separating a debtor who cannot pay from one who disputes the amount. The two lead to different strategies, and confusing them wastes time.
| Reason given | What usually matters most |
|---|---|
| No dispute, just no payment | Speed, interest, and whether recovery is realistic |
| Quality of the work is disputed | Records of what was delivered, and any complaint made at the time |
| Scope is disputed | Change orders, approvals and written instructions |
| The other side has no money | Whether enforcement is worth the cost |
The demand letter
A short, factual demand letter resolves a meaningful share of these disputes. It should be calm, specific and easy to act on.
What a good demand letter contains
- What was agreed and when
- What was delivered, with dates
- The invoice number, amount and due date
- Any interest claimed and its basis
- A clear deadline and what happens next
Whether recovery is realistic
Winning and collecting are two separate exercises. Before spending money on a claim, it is worth thinking about whether the other side can actually be identified, served and, eventually, made to pay.
- Do you have a correct legal name and address for the other side?
- Is the debtor a company that is still trading?
- Did an individual personally guarantee the debt?
- Is the amount worth the filing fees and time involved?
Time limits and interestGeneral guidance
Both the limitation period and the rules on interest for late payment vary by jurisdiction. Contractual interest terms usually take priority where they exist and are enforceable.
Documents to gather
- The contract, quote or accepted proposal
- All invoices and statements of account
- Delivery notes, timesheets, or sign-offs
- Emails and messages about the work and the payment
- Bank records showing what was and was not received
- Any partial payments or payment promises in writing
- Photographs of goods or completed work
Evidence that carries weight
- A written acceptance of the quote or scope
- Proof of delivery or completion, dated
- A clean invoice history with no contemporaneous complaint
- Written acknowledgement of the debt by the other side
- A demand letter and the response to it
- Correct legal name and registered address of the debtor
Want both lists in one printable page?
Common mistakes
- Chasing by phone only, leaving no written record
- Continuing to work for months while nothing is paid
- Suing the wrong entity — a trading name instead of the company
- Not checking the contract for an agreed interest rate
- Waiting until the limitation period is nearly up
- Ignoring whether the debtor can actually pay before spending on a claim
Frequently asked
Can I charge interest if the contract does not mention it?
Often yes, under local rules on interest, though the rate may be lower than a contractual rate. Check what applies where you are.
Should I use a collection agency or go to court?
Both are used. Agencies can be quicker for straightforward debts; a court claim creates an enforceable judgment. Cost and the debtor's ability to pay usually decide it.
The client says the work was poor. What now?
That converts a debt claim into a quality dispute. Records of what was delivered and whether any complaint was raised at the time become the key evidence.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide.
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.