The payment date came and went. You posted the content, hit every deliverable, followed the brief... and now the money isn't there.
The first thing to know: most brands pay late, not never. A missed deadline is more often a billing delay than a deliberate dodge. But knowing that doesn't mean waiting indefinitely and hoping for the best.
Knowing what to do when a brand does not pay you means following specific steps, in a specific order. And the window between "late" and "in breach of contract" is shorter than most creators realize.
Here's what to do.
Before You Escalate: Confirm It's Actually Overdue
Not every late payment is a late payment. Check the contract first.
Payment terms in brand deal contracts are usually written as net 30 or net 60 (though some brands use net 45 or net 90) meaning the brand has that many days from invoice receipt (or from the posting date, or from campaign end, depending on how the contract reads) to send payment. If the contract says net 30 and you posted 10 days ago, you're not owed money yet.
What to look for in your contract
Find the payment clause — it's usually in the compensation or billing section — and check three things:
When does the clock start? Some contracts start the net 30 from the posting date. Others start it from the date the brand approves the content. A few start it from the date they receive your invoice. These are not the same date.
Is there an invoice requirement? Many brand deal contracts require you to submit a formal invoice before the payment clock starts. If you haven't sent one, the timer may not have started — and that's on you to fix immediately.
What date is specified? Some contracts name a specific payment date rather than a net-30 window. If yours does, and that date has passed, you're overdue.
Once you've confirmed the payment is genuinely late, start the paper trail.
What You Need to Have on File
Before you send a single email, get your documentation in order. If this escalates, you'll need it.
- A copy of the signed contract with the payment terms visible
- Your original invoice, with the date you sent it
- Proof that the content was posted: a screenshot with the URL, date, and your username visible
- Any written confirmation from the brand that deliverables were approved (a reply email, a Slack message, anything)
- Records of all prior communication about the deal
If you don't have a signed contract and this deal was arranged over DMs or email, compile every message that confirms the scope, deliverables, and agreed rate. It's not as clean, but it's still evidence.
The Escalation Sequence: Three Emails Before You Stop Being Polite
First contact: the friendly reminder
Send this around 5–7 days after the payment due date. Keep it short, professional, and assume the best — because usually it is just a billing oversight.
The email should include: the invoice number, the original due date, the amount owed, and a brief note about how you'd like to receive payment. Attach the invoice again. Don't make it accusatory. Most late payments at this stage are sitting in someone's AP queue.
Second contact: the firm follow-up
If you don't hear back within 5 business days of the first email, send a second. The tone shifts here — still professional, but direct. Name the amount, name the original due date, and name the date you sent the first reminder. State that you expect payment by a specific date (give them another 5–7 business days) and that you'll need to escalate if you don't receive it.
Copy in anyone else you've been in contact with at the brand — the campaign manager, the partnerships contact, whoever you dealt with during the deal.
Third contact: the formal notice
If that deadline passes without payment or a credible response, send a final written notice. This one states clearly that the brand is in breach of the payment terms in your contract, lists the amount owed and the dates in question, and gives them one final deadline — typically 7–10 days — before you pursue further action. Keep the tone factual, not emotional.
This email also puts the brand on notice in writing, which matters if you go further.
What to Do When a Brand Does Not Pay You After Three Emails
Everything below is practical guidance, not legal advice — the rules differ by state and country.
If you've gone through all three contacts and still nothing, you have three options. None of them are instant, and none of them are free.
Contact the agency, not just the brand
If you worked through a marketing agency, the agency is often the party you contracted with. They may be holding the payment on behalf of the brand, or they may themselves be waiting on the brand to release budget. Going up the chain at the agency — to an account director or finance department — can move things faster than continuing to email the same campaign coordinator.
Involve a lawyer
For amounts that make it worth the cost, send a formal demand letter through a lawyer. The letter itself signals seriousness, and many brands will pay at this stage rather than deal with the legal exposure. You don't necessarily need to file anything — a letter on firm letterhead is often enough.
If you're not sure whether the amount justifies the cost, some lawyers who work with creators offer a flat fee for demand letters. It's worth asking.
Small claims court
For smaller amounts that fall under your state's small claims threshold, this is a real option that doesn't require a lawyer. You file, the brand gets served, and a judge decides. It's not fast, but it is effective — some brands settle before the court date once they've been served.
Do this only after you've documented everything and sent the formal notice. You want a clean paper trail showing you made good-faith attempts to resolve it.
If the Brand Ghosts You Completely
Some brands stop responding entirely. The campaign manager who was emailing you every other day suddenly goes silent.
Keep sending the escalation emails on the schedule above, even if you're not getting replies. You're creating a timestamped record. If you reach the formal notice stage without any response, document every sent email.
Then consider reporting the brand. The creator community relies heavily on reputation, and there are a few places this is worth doing:
Report to creator-facing networks and platforms. Several platforms and creator directories collect reports about non-paying brands. Industry groups and Facebook communities focused on influencer marketing often maintain lists of brands with payment issues. A Google search for "non-paying brands influencer" will surface the relevant ones for your niche.
Name it (carefully). Creators have shared payment dispute experiences publicly, and this has resulted in brands paying quickly. The risk is legal — if you state something as fact that the brand can contest, you could be exposed. Keep any public statements factual ("I completed a deal with [Brand] and have not received payment after 60 days despite multiple follow-ups") rather than characterizations.
How to Protect Yourself Before the Next Deal
A late-payment situation is also a reminder to tighten your contracts. A few things that make a real difference:
Include a late payment clause. Spell out a monthly late fee on the overdue balance. Some states cap what you can charge, so check yours before you pick a rate. Brands won't always agree to it, but including it means you have leverage — and it signals that you know what you're doing.
Require a deposit. For deals over a certain threshold, asking for a substantial deposit upfront is increasingly common and completely reasonable. It's not unusual or aggressive. It protects you, and it also screens out brands that were never serious about paying.
Be specific about when the clock starts. Your contract should state exactly when the net-30 (or net-60) window begins. Tie it to the posting date or content approval date — not invoice receipt, which the brand can delay by simply not acknowledging the invoice.
Keep deliverables and payment tied together. Some contracts phrase payment timing vaguely ("upon completion of the campaign"). Define what completion means. Does it mean posting? Brand sign-off? Campaign end date? Undefined terms benefit whoever has more leverage — which is usually the brand.
For more on reading and protecting yourself in brand deal contracts before you sign, the brand deal red flags guide is worth reading in full. And if you want to understand how payment terms typically appear in the broader context of deal structure, how to negotiate a brand deal covers the clause-by-clause process.
The Bottom Line
Most late payments resolve at the first or second email. Brands have accounting departments and billing cycles, and a genuine oversight is the most common explanation. But "most" isn't "all," and the creators who get paid on difficult deals are the ones who escalate in writing, on a schedule, with documentation ready.
Know your payment terms before the due date arrives. Send the first reminder within a week of it passing. Escalate firmly if there's no response. And protect yourself in the next contract so this is harder to repeat.
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Frequently Asked Questions
How long should I wait before following up on a late payment from a brand?
Give it 5–7 days past the contractual due date before sending the first reminder. Before that, check whether the payment clock has actually started — some contracts tie it to invoice receipt or brand approval, not the posting date.
What should I include in a late payment email to a brand?
Include the invoice number, original due date, amount owed, and a copy of the original invoice. Keep the first email professional and assume a billing oversight. If you don't hear back, the second email should name a firm deadline for payment.
Can I charge a late fee if a brand doesn't pay on time?
Only if your contract includes a late fee clause. If it does, name it in your second or third contact email. If it doesn't, you can't add one retroactively — but you can include one in every contract going forward.
What if the brand ghosts me and won't respond to any emails?
Continue sending escalation emails on a documented schedule. At the formal notice stage, consider a demand letter through a lawyer or small claims court (for amounts within the threshold). Keep all sent emails and documentation.
Do I need a lawyer to recover unpaid brand deal money?
Not necessarily. Small claims court is designed to be accessible without legal representation, and many non-payment disputes resolve at the demand letter stage without going further. For larger amounts, a lawyer who works with creators is worth the consultation fee. This is general guidance, not legal advice. If your situation is complex, talk to a lawyer directly.