This article is for general information and education. It is not legal advice. For advice specific to your facts (especially amounts, venue, deadlines, and strategy), consult a Philippine lawyer.
Unpaid client payments are usually collected through a predictable escalation path:
- Document the debt and attempt an amicable settlement (often required or strongly encouraged)
- Send a well-built demand letter (to trigger payment, preserve evidence, and support interest/fees)
- File a Small Claims case (fast, simplified, no lawyers, judgment is immediately final)
- Enforce the judgment (writ of execution, garnishment/levy)
This article walks through each step in depth, with Philippine rules and practical checklists.
1) Understand What You’re Collecting: Debt vs. Dispute
Before sending anything, identify the legal nature of the unpaid amount:
A. Straight debt (easiest)
- Client received the service/product
- Invoice is due
- No serious quality dispute, just delay or refusal to pay
B. Disputed performance (still collectible, but prepare evidence)
- Client claims defects, delay, incomplete delivery, scope issues
- You must prove what was agreed, what was delivered, and that payment is due
C. “Ghosting” after partial work (common in freelance/agency work)
- You must prove engagement + milestones + acceptance/usage (emails, chats, signed proposals, PO, screenshots, delivery logs)
D. High-risk scenario: client alleges fraud/misrepresentation
- Avoid aggressive accusations and threats; stay factual and evidence-driven
2) The Legal Foundations You’ll Use (Philippines)
Most unpaid invoices are collected under:
- Civil Code (Obligations and Contracts): contracts have the force of law between parties; nonpayment is breach.
- Damages/interest for delay: when a debtor is in delay (in default), the creditor can claim interest/damages under Civil Code principles.
- E-Commerce Act (RA 8792): electronic data messages and electronic documents can be admissible—useful for email/chat-based deals.
- Rules of Procedure for Small Claims Cases (Supreme Court): streamlined process for money claims within the threshold.
Prescription (time limits) matters
Common Civil Code guideposts:
- Written contract: typically 10 years
- Oral contract: typically 6 years
- Other claims vary depending on the cause of action
Because prescription can get technical (and facts can change the classification), treat these as general anchors and assess early.
3) Pre-Collection Preparation: Build Your “Evidence Packet”
Even before a demand letter, assemble a file that could win in court.
Core documents
Contract, proposal, quotation, engagement letter, PO, or signed scope
Invoices and SOA (statement of account)
Proof of delivery/acceptance:
- Email confirmations
- Chat logs (Messenger/Viber/WhatsApp/Slack)
- Delivery receipts, trackers, screenshots, access logs
- Meeting minutes or approvals
Proof of partial payments (bank statements, e-wallet receipts)
Proof of follow-ups and acknowledgments
Practical tips for electronic proof
- Export chats where possible
- Screenshot with visible dates, names, and message context
- Keep original files, metadata, and email headers if available
- Printouts are often used in court; bring the originals/devices if needed to authenticate
Compute your claim cleanly
Prepare a one-page computation:
- Principal (unpaid amount)
- Interest (if contractual; if legal interest is claimed, compute from demand/default)
- Penalties (only if in the contract)
- Costs (filing fees, service costs—some may be recoverable in practice via execution)
4) Demand Letters: The Most Important Step
A demand letter is not just a “scare letter.” It does four strategic jobs:
- Triggers default (delay) and supports claims for interest/damages
- Shows good faith and reasonableness (important if the client later claims you were unfair)
- Creates admissions if the client replies acknowledging the debt
- Sets up Small Claims with a clear story and attachments
A. When to send a demand letter
- Immediately after payment is overdue and a reminder cycle fails (e.g., 7–30 days past due)
- After a final invoice following project completion
- After failed settlement talks
B. Structure of an effective demand letter
A strong letter is factual, specific, and organized:
Heading and parties
- Your name/business name, address, contact details
- Client’s name/business, address
- Date
Reference
- Contract/proposal date
- Invoice numbers and dates
- Project name/milestones
Factual timeline
- What was agreed
- What was delivered
- What was billed
- What was paid (if any)
- What remains unpaid and since when
Demand
- Exact amount demanded
- Deadline (commonly 5–10 business days, depending on context)
- Payment instructions (bank details, reference number)
Interest/penalties/fees (only if valid)
- If your contract has an interest/penalty clause: cite it
- If not: you may state you will seek legal interest and costs as allowed
Opportunity to settle
- Offer payment plan or short meeting window (optional but often effective)
Notice of next step
- If unpaid by deadline, you will file a Small Claims case (or appropriate action)
Attachments list
- Contract/proposal, invoices, delivery/acceptance proof, SOA
C. Tone and content: what to avoid
Avoid content that can backfire:
- Threatening criminal cases as leverage (can be seen as coercive; also many unpaid debts are civil)
- Public shaming, posting online, or contacting relatives/employer (can expose you to liability)
- Defamation, insults, speculative accusations
- Misstating the law or overstating guaranteed outcomes
Keep it: calm, exact, provable.
D. How to send (and prove receipt)
Use at least two channels:
- Personal delivery with acknowledgment/received copy, or
- Registered mail (keep registry receipt, return card if available), plus
- Courier with tracking, plus
- Email (request read receipt, keep sent copy)
The goal is not perfection—it’s credible proof of sending and notice.
Demand Letter Template (Philippine collection)
DEMAND LETTER Date: ___________
To: [Client Name / Company] Address: ___________
From: [Your Name / Business] Address: ___________ Contact: ___________
Re: Demand for Payment – [Project/Service], Invoice No(s). [____]
Dear [Name],
This is to formally demand payment for services/products provided under [Contract/Proposal/PO] dated [date].
Background
- On [date], you engaged [your business] to [brief scope] for the agreed amount of PHP [amount].
- We delivered/performed [deliverables] on [dates], as evidenced by [acceptance emails/messages/receipts].
- We issued Invoice No(s). [____] dated [____], with due date [____].
- As of [today], the unpaid balance is PHP [principal], despite prior reminders on [dates].
Amount Demanded
- Unpaid principal: PHP [____]
- [Contractual interest/penalty if applicable]: PHP [____]
- Total amount due as of [date]: PHP [____]
Demand
Please pay PHP [____] on or before [deadline date] through: Bank/Wallet: _______ Account Name/No.: _______ Reference: _______
If full payment is not made by the deadline, we will be constrained to pursue the appropriate legal action, including filing a Small Claims case to recover the amount due, interest, and allowable costs.
We remain open to an amicable settlement. If you wish to propose a payment arrangement, please respond in writing on or before [date].
Sincerely, [Name] [Title / Business]
Attachments:
- [Contract/Proposal/PO]
- Invoices/SOA
- Proof of delivery/acceptance
- Prior reminders/communications
5) Before Court: Barangay Conciliation (Katarungang Pambarangay)
For many disputes between individuals residing in the same city/municipality, Philippine law may require barangay conciliation first (Lupon proceedings), unless an exception applies (e.g., parties live in different cities/municipalities, government is a party, urgent legal action, etc.).
Why it matters: Courts may dismiss cases filed without required barangay conciliation.
Practical approach: If you and the client are individuals in the same locality (or other conditions apply), check whether a Certificate to File Action is needed from the barangay before filing.
6) Small Claims Court in the Philippines: The Fastest Legal Path for Collection
Small Claims is designed for straightforward money claims—fast, simplified, and typically no lawyers in hearings.
A. What kinds of claims fit
- Unpaid invoices for services/products
- Loans (promissory notes, IOUs)
- Reimbursement obligations
- Other sums of money where the issue is mostly “pay what is due”
B. Amount limit (threshold)
Small Claims only applies up to a maximum amount set by Supreme Court rules. This threshold has been adjusted over time. Verify the current limit at the court or its posted guidelines before filing—especially if your claim is near the boundary.
If your claim exceeds the threshold, options include:
- Filing a regular civil case for collection of sum of money, or
- In some situations, reducing the claim (with caution) if it makes sense strategically (but be careful about waiving rights)
C. Venue: where to file
Common rule of thumb:
- File where you (plaintiff) reside or where defendant resides, depending on the rule and your facts.
- For corporations, residence often ties to principal office.
Because venue mistakes waste time, verify the correct branch (MeTC/MTC/MCTC) for the address involved.
D. Parties and representation
- Individuals appear personally.
- Businesses/corporations typically must be represented by an authorized officer/representative with proper authority (often shown via board resolution/secretary’s certificate or SPA, depending on the entity).
E. Lawyers
In Small Claims, parties generally cannot be represented by lawyers at the hearing (the process is meant to be direct and simplified). You can still consult a lawyer behind the scenes for drafting and strategy.
F. The basic process (typical flow)
- Prepare and file the Small Claims forms (Statement of Claim), verified
- Attach evidence (contracts, invoices, demand letter proof, computation)
- Pay filing fees
- Court issues summons
- Defendant files a Response
- Hearing (often includes settlement efforts)
- Decision/Judgment
- If defendant still doesn’t pay: Execution
Small Claims judgments are typically final and executory—meaning no ordinary appeal, which is why preparation matters.
7) How to File a Strong Small Claims Case
A. The “one-page story” approach
Your case should read like a simple timeline:
- Agreement (what, when, how much)
- Delivery/performance (what you did; proof)
- Billing (invoice dates; due dates)
- Demand (when you demanded; proof of receipt/sending)
- Nonpayment (amount outstanding)
Judges appreciate clarity and organization.
B. Evidence checklist (bring originals)
- Contract/proposal/PO
- Invoices and SOA
- Proof of delivery and acceptance
- Demand letter + proof of sending/receipt
- Identity documents (and business registration documents if applicable)
- Authority documents for representatives (if business/corporation)
- Computation sheet
C. Interest and fees: how to claim responsibly
1) Contractual interest/penalties
If your contract states:
- Interest rate
- Penalty for late payment
- Attorney’s fees/liquidated damages
…then claim them exactly as written, and show the clause.
2) Legal interest
If no contract rate exists, courts may award legal interest under Philippine jurisprudence, often computed from the time of demand or default, depending on circumstances. Use conservative, well-supported computations and clearly state the basis.
3) Attorney’s fees
You may claim attorney’s fees if stipulated or if allowed under exceptional circumstances, but in Small Claims the process is designed without lawyers appearing in hearings. Treat attorney’s fees claims cautiously and support them with contract language or clear legal grounds.
8) Winning Is Not the End: How to Collect After Judgment (Execution)
If the defendant still refuses to pay after a judgment, you enforce it through execution, usually involving the sheriff.
A. Common enforcement tools
- Writ of execution
- Garnishment (bank accounts, receivables, sometimes wages subject to rules)
- Levy (personal property, vehicles, equipment, real property)
- Auction sale of levied assets (subject to procedure)
B. Make execution easier by planning early
Before filing, gather actionable info:
- Correct legal name of defendant and address
- Business permits, DTI/SEC details if applicable
- Known banks, payment channels used before
- Client’s customers (if receivables might be garnished)
- Assets observed (office location, equipment)
Execution is where many cases succeed or stall.
9) Strategy: Settlement vs. Court
When settlement is usually best
- Client is cash-strapped but cooperative
- You want speed and certainty
- You want to preserve a business relationship
Use written settlement agreements:
- Amount, schedule, default clause
- Post-dated checks (with caution and documentation)
- Acknowledgment of debt
- Stipulated interest upon default
When litigation is usually best
- Client is evasive, denies obvious obligations, or repeatedly breaks promises
- You need formal enforcement powers (garnishment/levy)
- You want a final, enforceable judgment
10) Common Mistakes That Lose Collection Cases
- No clear proof of agreement (scope + price + acceptance)
- Messy computations (inconsistent totals, unclear interest basis)
- Weak proof of delivery/acceptance
- Demand letter with threats or defamatory language
- Filing in the wrong venue
- Ignoring mandatory barangay conciliation when required
- Not bringing originals (or not being able to authenticate electronic evidence)
- Not preparing for execution (winning a judgment but unable to locate assets)
11) Special Situations
A. Client is a corporation
- Identify the correct legal entity (exact corporate name)
- Serve at principal office/registered address where possible
- Prepare proof of authority for your representative
- Expect formal defenses (e.g., “wrong party,” “not authorized,” “not delivered”)
B. Cross-border / overseas client
Small Claims is a Philippine court remedy; enforcing against someone abroad is much harder. Consider:
- Payment platforms with dispute mechanisms
- Contract clauses with governing law/venue
- Upfront deposits and milestone billing for future projects
C. Government clients
Government collection can involve special rules, COA-related requirements, and administrative processes. Seek tailored legal guidance.
12) Prevention: Build Contracts That Make Collection Easy
If you want fewer collection battles, build your process around enforceability:
Contract essentials
- Detailed scope and acceptance criteria
- Milestone billing + “stop work” clause for nonpayment
- Interest/penalty clause (reasonable and clear)
- Clear due dates and payment methods
- Ownership/IP transfer conditioned on full payment
- Dispute resolution clause (mediation, then court)
- Clear notices clause (email + physical address)
Operational safeguards
- Collect a deposit
- Invoice early; remind on a schedule
- Use signed acceptance or “deemed accepted after X days”
- Keep delivery logs and approval trails
- Maintain a single source of truth (SOA)
13) Quick Checklists
Demand Letter Checklist
- Correct party names and addresses
- Contract reference + invoice numbers
- Timeline + delivery proof
- Exact amount demanded + computation
- Clear deadline + payment instructions
- Proof of sending (registered mail/courier/email)
- Attachments listed
Small Claims Filing Checklist
- Verified Statement of Claim (court form)
- Copies of contract, invoices, SOA
- Proof of delivery/acceptance
- Demand letter + proof of sending
- Computation sheet
- IDs / business registration documents
- Authority documents (if representing a business)
- Barangay certificate (if required)
- Filing fees ready
Execution Checklist
- Defendant’s correct legal name and address
- Known bank/payment channels
- Known assets/locations
- Motion/application for writ of execution after judgment
- Coordination with sheriff for levy/garnishment
Practical Bottom Line
If you want the highest chance of getting paid, the most effective pattern is:
- Organize your evidence (agreement → delivery → invoice → follow-ups)
- Send a professional demand letter with a clear deadline and proof of sending
- Use Small Claims for qualifying amounts and straightforward debts
- Prepare for execution from day one—because enforcement is where payment happens
If you share (a) the type of work, (b) whether there’s a written contract, (c) the unpaid amount, and (d) whether the client is an individual or company, a tailored demand letter and Small Claims-ready timeline/computation can be drafted in a form you can adapt immediately.