Unpaid Invoice: Demand, Interest, and Compensation for Debt Collection

The payment deadline has passed, and the money for the service rendered or goods delivered has not been received. How to check documents, demand payment from the contractor, and determine if interest and compensation for debt recovery costs are due?

Status checked: November 2, 2026. We are not a law firm. This guide is for informational and educational purposes and does not constitute legal or tax advice. Specific claims, their enforceability, and limitation periods should be assessed based on the contract and documents.

Start by Establishing the Facts

1. Check the parties to the contract, invoice number, payment deadline, and amount due, as well as the account to which payment was to be made.
2. Determine whether the service has been performed, whether the client confirmed receipt, and whether there are any complaints or disputes regarding the scope of work.
3. Compare bank statements with documents. A partial payment, correction, or offset may change the balance.
4. Contact the contractor and clarify the discrepancy. Confirm any agreements requiring documentation in a way that allows them to be reproduced.

Demand for Payment

The demand should allow for clear identification of the creditor, debtor, and the claim. Indicate the basis for the claim, documents, payment deadline, overdue amount, and account. If you are claiming interest or compensation, explain the basis for their calculation and how they were determined. Keep a copy of the demand and proof of its sending or delivery.

Discussing the reason for the delay may lead to an agreement on repayment, but in cases of larger debts, it is worth checking the implications of a settlement, acknowledgment of debt, and securities. Do not sign a document whose meaning you do not understand. If the matter is disputed, seek advice before taking further steps.

Interest: Which Regulations Apply

In a commercial transaction meeting statutory criteria, the creditor may have the right to interest for late payments in commercial transactions. These are not always the same as standard statutory interest for delays. Factors such as the parties involved, the nature of the transaction, the due date, the performance of one's own obligation, and the current rate are significant.

Do not enter a single rate as unchanging for the entire period without checking if it changed during that time. If the payment was partial, the settlement also requires determining the balance and the rules for allocating payments. The basis for assessment is the current law and documents related to the specific transaction.

Compensation of 40, 70, or 100 Euros

The Act on Counteracting Excessive Delays in Commercial Transactions provides for a lump-sum compensation for debt recovery costs upon meeting statutory conditions. The amount depends on the value of the monetary obligation:

This is not an automatic payment for every overdue consumer invoice. It is necessary to check whether the contract is a commercial transaction covered by the Act, whether the creditor has fulfilled their obligation, and whether the right to interest has arisen. The Act also specifies how to convert euros: the average exchange rate of the NBP on the last working day of the month preceding the month of the obligation's due date. Text of the Act.

Example: for an obligation of 5000 PLN, the threshold in the table is 40 euros, while for an obligation of 5001 PLN, it is 70 euros, provided all statutory conditions are met. The invoice value, the amount unpaid after a partial payment, and the legal qualification of the obligation may require separate analysis. Do not replace it with a mechanical addition of the amount to the document.

Limitation and Next Steps

Establish the limitation period for the specific claim and any events that may have affected its course. Different legal bases may lead to different deadlines. Simply sending a reminder should not be treated as a universal way to stop the limitation period. Before bringing the case to court or debt collection, present the documents to a lawyer and compare the costs with the expected recovery.

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