Unpaid invoice? Here's your next move
Tell us about the past-due invoice and we'll map the right escalation path, reminder, demand letter, preliminary notice, or mechanics lien, based on California's deadlines, and draft your demand letter on the spot.
Tell us about the past-due invoice and we'll map the right escalation path and draft your demand letter.
Not legal advice. This wizard provides general information and a self-prepared letter template based on California Civil Code §§8200–8460. It is a document-preparation aid, not an attorney, and makes no assessment of your claim's merits. Deadlines depend on facts this tool can't verify. For large or complex debts, consult a California construction attorney.
How to escalate an unpaid construction invoice in California
Getting paid on a California construction job is a sequence, not a single move. The order matters because two clocks are running at once: the 20-day preliminary notice window that preserves your lien rights, and the roughly 90-day window to record a mechanics lien after the job is complete. The biggest, most common mistake is to spend weeks sending friendly reminders while those deadlines quietly pass. This tool puts the steps in the right order for your situation so collection pressure and deadline protection happen together.
Step one: protect your lien rights
If you're a subcontractor, supplier, or equipment lessor and you haven't served a preliminary notice, that comes first. Served within 20 days of first furnishing labor or materials, it protects all your work from day one; served late, it still protects the last 20 days and everything forward. A notice on file also makes your demand letter far more credible, because it shows you can follow through with a lien.
Step two: send the right letter
The letter should match the age of the debt. A recent invoice needs a firm reminder; a month-old one needs a formal demand that reserves your lien rights and goes by certified mail; a badly aged one needs a final notice of intent to pursue your remedies. The wizard drafts the appropriate version with a 10-day pay-by date and the correct lien language, ready to fill in your details and send.
Step three: calendar the lien deadline
A demand letter doesn't change any deadline, so the mechanics lien window has to be tracked separately. For most subs and suppliers a lien must be recorded within 90 days of completion, sooner if a Notice of Completion is recorded. If the demand doesn't produce payment, the lien is your leverage, and it's only available if you record in time.
Step four: know when to escalate
For larger balances or badly aged debts, line up a construction attorney before deadlines force your hand. Smaller claims can go to small claims court (up to $12,500 for individuals, $6,250 for most businesses), and a stop-payment notice is an option when the project has a construction lender. Not sure whether you've already missed a deadline? Run it through the lien-rights checker first.
Frequently asked questions
What should I do first when a construction invoice goes unpaid in California?
Protect your lien rights before you chase the money. If you haven't served a California preliminary notice and your 20-day window is still open, serve it now, it preserves your mechanics lien, stop-payment-notice, and payment-bond rights. Then send a written demand with a firm pay-by date. This tool orders those steps for your specific situation and drafts the demand letter for you.
When should I send a demand letter versus a final notice of intent?
It scales with how late the invoice is. Under about 15 days past due, a firm reminder with a 10-day deadline resolves most cases. From roughly 15 to 45 days, move to a formal demand that reserves your lien rights and goes out by certified mail. Past 45 days, send a final demand stating you will pursue your remedies, lien, stop-payment notice, or suit, if you aren't paid in 10 days.
How long do I have to record a California mechanics lien?
For most subcontractors and suppliers, a mechanics lien must be recorded within 90 days after the project is completed, or sooner if the owner records a Notice of Completion or Cessation (then it's typically 30 days for subs/suppliers and 60 days for a direct contractor). Because the clock runs from completion, this tool asks whether the job is finished to estimate your deadline.
Does a demand letter affect my lien deadline?
No. Sending a demand letter does not extend or change the statutory deadlines for preliminary notice or recording a lien. The demand is a collection step; the deadlines run on their own clocks. That's why the action plan keeps your lien deadline separate from the demand and tells you to calendar it.
Is the drafted letter legal advice?
No. The wizard provides general information and a self-prepared letter template based on California Civil Code §§8200–8460. It is a document-preparation aid, not an attorney, and it makes no assessment of your claim's merits. Deadlines depend on facts the tool can't verify, so confirm critical dates and, for large or complex debts, consult a California construction attorney.