What to do when a client doesn t pay in India?

Asked by: Dr. Alexandro Cole III  |  Last update: February 3, 2026
Score: 4.5/5 (70 votes)

When a client doesn't pay in India, start with friendly reminders, escalate to formal demand letters, and stop work; if that fails, pursue legal action like filing a civil suit for recovery (Civil Procedure Code), exploring criminal charges (IPC Sections 406, 420 for breach of trust/cheating), using the MSME Samadhaan Portal (for MSMEs), or mediation/arbitration, ensuring you have documentation like contracts and invoices.

What to do if a client is not paying in India?

Remedies under criminal law: Section 406 covers criminal breach of trust under the Indian Penal Code: Under Section 406 of the Indian Penal Code. Seller can file a suit for breach of trust. Seller have to prove that the customer has breached his trust by not paying the money against the product or services provided.

How to deal with a client that won't pay?

Getting a Client to Pay an Invoice after Nonpayment

  1. Contact the customer. The first step is to make contact with the customer. ...
  2. Assess interest or late fees on unpaid invoices. ...
  3. Send a formal debt collection letter. ...
  4. Call a collection agency. ...
  5. Take legal action for nonpayment of invoices. ...
  6. Pay attention to your staff.

Can a lawyer sue you for non-payment in India?

Again, in R.D. Saxena v. Balram Prasad Sharma[3] the Supreme Court ruled that an advocate has the right to sue his client for his fees, if not paid, like any other professional.

What can you do legally if someone owes you money in India?

If someone does not repay money you lent them, you have several legal options to recover the debt in India. You can file a civil suit, engage in negotiation or mediation, pursue criminal proceedings for cheque bounce, approach the Debt Recovery Tribunal, or file a complaint with a consumer forum if applicable.

What To Do if a Client Doesn't Pay You

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How to recover money from clients in India?

The legal process begins with sending a formal demand or legal notice to the debtor, outlining the amount owed and the basis of the claim. If there's no response or settlement, the next step may involve filing a recovery suit under the Civil Procedure Code or a summary suit under Order XXXVII for quicker relief.

Is it worth suing someone for $500?

Suing for $500 can be "worth it" in small claims court, which is designed for smaller disputes and usually doesn't require a lawyer, but you must weigh filing/service fees (can be $20-$200+) and the opportunity cost of your time (prep, court) against the potential recovery; if your costs approach $500, it's often not financially sensible, but it might be worth it for principle or if the other party pays easily, says. 

How to sue a client for not paying?

Considering Small Claims Court

In California, small business owners can use this forum for unpaid invoices as long as the amount is $12,500 or less. Some benefits of small claims court include: It's faster and cheaper: You don't need an attorney to file or appear in court.

How much does a civil lawyer cost in India?

Senior Advocates: Fees generally start from ₹1 lakh per appearance and can go up depending on case complexity. General Advocates: Charges can range from ₹5,000 to ₹50,000 for routine matters. Consultation Fees: Many lawyers charge ₹500 to ₹5,000 for initial consultations.

How to force a client to pay?

There are several steps you can take for a client who won't pay:

  1. Write a very clear email and reattach your contract. Send a friendly email reminder to a customer for payment. ...
  2. Work with a lawyer to send a payment demand letter. ...
  3. Take legal action. ...
  4. Hire a debt collector.

What happens if a client refuses to pay?

Take legal action for nonpayment of invoices

If working with collections did not work, and unpaid invoices are still lingering, it is time to seek legal action. You have the choice between small claims court or civil court. Small claims court is less time, money, and is quick to resolve your issue within the same day.

What to do when someone owes you money and ignores you?

  1. Send a Demand Letter.
  2. Can You Go to The Police If Someone Owes You Money?
  3. Using Empathy As a Way of Getting Paid Back.
  4. Ask For Repayment Directly.
  5. Offer a Payment Plan.
  6. Brainstorm Together Other Creative Ways to Get Paid Back.
  7. Think About Going to Mediation.
  8. When All Else Fails, Consider Going to Small Claims Court.

Can someone be jailed for debt in India?

Under the judiciary, personal loan defaults are considered and treated as civil matters. You can go to jail only when you commit fraud or contempt of court. Here are the legal implications of defaulting on personal loans: Formal Recovery Process: Lenders initially issue reminders and formal notices to repay.

What is the 7 7 7 rule for collections?

The "777 rule" in debt collection refers to key call frequency limits in the CFPB's Regulation F, stating collectors can't call a consumer more than seven times within seven days, or call within seven days after a phone conversation about the debt, applying per debt to prevent harassment. These limits cover missed calls and voicemails but exclude calls with prior consent, requests for information, or payments, and are presumptions that can be challenged by unusual call patterns. 

How to deal with a non-paying client?

What to do if a customer doesn't pay

  1. Follow up immediately. ...
  2. Call them or schedule a meeting. ...
  3. Send a debt collection letter. ...
  4. Hire a collection agency. ...
  5. Consider letting it go. ...
  6. Research your new prospects. ...
  7. Be clear with your payment policies. ...
  8. Send invoices immediately and schedule reminders.

How to get money from a client who won't pay?

What to Do When Clients Don't Pay

  1. Send a Written Reminder Promptly When You Don't Receive Payment by the Due Date. ...
  2. Send a Debt Collection Letter. ...
  3. Make Personal Contact With the Client by Phone or a Face-to-Face Meeting. ...
  4. Send a Final Demand Letter. ...
  5. Take Legal Action. ...
  6. File a Civil Lawsuit. ...
  7. Use a Collection Agency to Get Paid.

Is there any point in suing someone with no money?

In California, a person's financial status does not remove their legal responsibility. If someone harms you, breaks a contract, or causes financial loss, you have the right to take legal action—regardless of whether they can pay. A successful lawsuit means the court agrees that the other party is liable.

How much does it usually cost to sue?

Average lawsuit costs vary dramatically, from around $1,000-$5,000 for small claims to tens or even hundreds of thousands for complex civil cases, with median costs for typical matters like auto or employment disputes ranging from $43,000 to over $122,000, depending heavily on complexity, case type, attorney fees (often hourly or contingency), and expert witness involvement. 

How to recover money from someone legally in India?

Steps to Legally Recover Money in India

  1. Collect Evidence: Keep all communication, receipts, contracts, bank statements, messages.
  2. Send Legal Notice: Preferably via a lawyer.
  3. Wait for Response: Usually 15 to 30 days.
  4. File Civil Suit / Criminal Complaint: As applicable.
  5. Seek Interim Relief: Such as temporary injunction.

What is the lowest a debt collector will settle for?

Debt collectors might settle for 25% to 50%, but it varies widely; debt buyers often accept lower offers (sometimes 10-30%) for old debt, while original creditors usually want more (50-75% or higher), especially for newer debts or if a lawsuit is involved, with factors like your hardship and lump-sum payments influencing the final percentage. 

Is it true that after 7 years your credit is clear in India?

Yes, details of loan defaults and missed payments are generally removed from your CIBIL report after a seven-year period, starting from the date the default was first reported. After this duration, the record is removed, allowing you an opportunity to establish a positive credit history.

What happens if you get sued but own nothing?

If someone sues you with nothing, they can still win a judgment, but collecting is hard; you become "judgment-proof" if legally protected assets/income (like minimum wage earnings or Social Security) exist, but creditors can place liens or garnish future wages/bank accounts once you do get money or property, meaning the debt and judgment can follow you for years. Ignoring the suit leads to a default judgment against you, making collection easier for the plaintiff. 

What are the disadvantages of suing?

Time Commitment and Delays. Legal cases take time – often months or years, depending on complexity. A lawsuit involves meetings with attorneys, producing evidence, depositions, procedural delays, and eventually trial if necessary. Plaintiffs must be committed for the long haul.

What is the minimum debt to be sued?

In short: Debt collectors typically start considering lawsuits for amounts around $1,000 to $5,000, but there's no strict rule. If your debt is within that range, or if you've ignored collection calls or letters, you could be at risk of being sued.