Client Not Paying Your Invoice? Business Dues Recovery — Notice, MSME Route and Summary Suit
For unpaid business invoices: written follow-ups with a deadline, then a ₹999 advocate's notice with interest, then court — a summary suit under Order 37 CPC on your written trail. If you hold Udyam (MSME) registration, the strongest lever applies: buyers must pay within 45 days, delayed payments carry compound interest at 3× the RBI bank rate, and MSME Samadhaan facilitation councils enforce it. Limitation: 3 years per invoice.
Statutory deadlines
- Per terms — Invoice due date + reminders (keep every reminder dated)
- 15 days — Advocate's notice (deadline stated in the notice)
- Anytime — MSME Samadhaan reference (for Udyam-registered suppliers)
- 3 years — Suit limitation (per invoice due date)
Step-by-step: what to do
- 1
Tighten the paper first
PO/contract, delivery proof, invoice, acknowledgements.
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Assemble per invoice: the PO/work order or contract, proof of delivery/completion (signed challans, email confirmations, deployed work), the invoice, and any acknowledgement of the debt — a "we'll clear it next month" email resets the 3-year limitation (Section 18, Limitation Act) and doubles as an admission. GST filings showing the buyer claimed input credit on your invoice are powerful corroboration.
- 2
Demand, then the ₹999 advocate notice
Most B2B dues settle at the notice with interest claimed.
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We do this for you — ₹999Send a final written demand with a 7–15 day deadline. Then the advocate's notice: itemised invoices, contractual/late-payment interest (or 18% commercial claim), and the stated next step — summary suit or MSME reference. Finance teams route advocate notices to legal review, which is where realistic settlement offers originate.
- 3
The MSME Samadhaan route — if you're registered
Statutory 45-day payment + 3× compound interest + council enforcement.
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Udyam-registered micro/small suppliers get the MSMED Act override: payment due within 45 days of acceptance regardless of contract terms, automatic compound interest at 3× the RBI bank rate, and enforcement by the state Micro & Small Enterprises Facilitation Council via samadhaan.msme.gov.in — file online with invoices and delivery proof. Councils conciliate then arbitrate; buyer appeals require 75% pre-deposit of the award, which is why buyers settle. Not registered yet? Udyam registration is free and takes minutes — do it before the next invoice.
- 4
Court: summary suit — or insolvency pressure
Order 37 for clean claims; IBC only above ₹1 crore.
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With written contracts and invoices, a summary suit (Order 37 CPC) denies the buyer a free defence — they need the court's leave. Claim interest and costs. Lok Adalat (see our settlement guide) is the free compromise lane at any stage. The IBC operational-creditor route applies only to defaults of ₹1 crore+ — below that, it is notice + Samadhaan + suit. Cheque given and bounced? Run the Section 138 route in parallel.
Costs & what to expect
- ₹999
Advocate's notice
WakilBhai; itemised + interest
- Free
MSME Samadhaan filing
Online; Udyam registration also free
- Ad valorem
Summary suit court fee
State slab on the claim
- ₹499
Contract hardening for the future
Vendor/service agreements with interest + jurisdiction clauses
Keep supplying only against cleared dues once an account turns sticky — fresh credit to a defaulting buyer is how recoverable claims become write-offs.
Free formats for this problem
Frequently asked questions
Does the 45-day MSME rule apply if my contract says 90-day payment terms?
Yes — the MSMED Act overrides longer contractual credit periods: the statutory maximum is 45 days from acceptance (15 days where no period is agreed). Interest at 3× bank rate compounds monthly from day 46 regardless of what the PO says. The registration date matters: supplies made after Udyam registration get the protection.
The buyer disputes quality to avoid paying. Does that kill the claim?
It complicates but rarely kills: contemporaneous delivery acceptance, absence of timely written rejection, continued use of the goods/work, and GST credit claimed on your invoice all cut against late-invented quality disputes. Councils and courts see the pattern constantly — your delivery documentation decides it.
How long does MSME Samadhaan actually take?
The Act contemplates 90 days for council disposal; real timelines run 6–18 months by state. The pressure works earlier though — many buyers settle on receiving the council notice, because the 75% pre-deposit for appeal makes losing expensive. File and keep negotiating.
My buyer is a big company. Any extra levers?
Several: listed and large companies must disclose MSME dues (MSME Form 1 half-yearly; audit disclosure of delayed payments), so a documented Samadhaan claim creates compliance noise. Interest to MSMEs is also income-tax disallowed for the buyer. Procurement teams settle to keep vendor-compliance records clean.
Can I recover the interest and legal costs too?
Yes — contractual/late-payment interest or MSMED statutory interest is claimable as of right, and courts/councils award costs. In summary suits, interest from due date to realisation is standard. Claim them explicitly in the notice so settlement negotiations start from the full number.
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This page explains the typical legal process for general information only. It is not legal advice. For advice on your specific situation, consult a qualified advocate.