My client will not pay my invoice — what can I do as a freelancer?
Freelancers are not protected like employees, but they have fast tools: statutory late-payment interest and a fixed recovery fee from the day after the due date (EU late-payment rules), and a court payment order that in most countries takes weeks and needs no lawyer. Send one formal reminder with a 7-day deadline and the interest, then file the payment order at Juzgado de Primera Instancia — juicio verbal (administraciondejusticia.gob.es). Servicio de mediación del ayuntamiento / juzgado de paz (mjusticia.gob.es) is a cheaper route if the client disputes the work; Colegio de Abogados — turno de oficio / justicia gratuita (abogacia.es) advises on contracts and cross-border claims.
🗣️ What to say
"Invoice [number] of [date] for [service], [amount], was due on [date] and remains unpaid. I ask for payment within 7 days to [account]. From [due date] statutory late-payment interest and the €40 recovery fee apply. If unpaid, I will file a court payment order without further notice."
🪜 Step by step
- One formal reminderDated, amount, due date, 7 days, the interest and fee. Registered mail or email with read receipt.
- Check the paperworkQuote, order, delivery confirmation, invoice. A disputed job needs proof of delivery; an undisputed one just needs the invoice.
- Payment order at Juzgado de Primera Instancia — juicio verbalOnline in most countries, small fee, no lawyer. If the client does not object within the period, it becomes enforceable.
- Client disputes the work? Servicio de mediación del ayuntamiento / juzgado de pazMediation or the small-claims track. The threshold is what matters, not the merits.
- Cross-border clientThe European Payment Order and the European Small Claims Procedure work across the EU with standard forms; Colegio de Abogados — turno de oficio / justicia gratuita explains which.
📇 All contacts
❓ Frequently asked
What interest can I charge?
The statutory commercial rate (the ECB rate plus 8 points, roughly) plus a €40 minimum recovery fee per invoice, without agreement, from the day after the due date.
The client is a consumer, not a business
Then the commercial rules do not apply; the consumer rate is lower and the recovery fee needs a contract clause. The payment order still works.
The client is going bankrupt
File your claim with the administrator immediately and stop working for them. Unsecured creditors get little; speed gets more.
📎 Sources
- Juzgado de Primera Instancia — juicio verbal →
- Servicio de mediación del ayuntamiento / juzgado de paz →
- Colegio de Abogados — turno de oficio / justicia gratuita →
- Centro Europeo del Consumidor en España →
🔎 Common searches
Recognise your own search? The answer above covers all of these.
- “freelancer client not paying Spain”
- “court payment order unpaid invoice”
- “late payment interest freelancer”
- “european payment order”
- “small claims unpaid invoice Spain”
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