Skip to content
Ask a question
All posts

What are my options if a client refuses to pay for my services as an Illinois-based contractor or freelancer?

Picture of Chris Battis By   ·  1 minute read

If a client refuses to pay for your services as an Illinois-based contractor or freelancer, you have a few options available to you:

  1. Send a demand letter: You can send a letter to the client demanding payment and requesting that they respond within a specific period of time, typically 10-14 days. This letter should include specific details about the work you performed, the amount owed, and how payment can be made. You may also want to include a clause noting that failure to pay may result in legal action.
  2. File a small claims lawsuit: If the amount owed is within the small claims limit in Illinois (currently $10,000), you can file a lawsuit in small claims court. This process is designed to be relatively simple and does not require an attorney. You will need to provide evidence of the work performed and the amount owed, so it’s important to have detailed records.
  3. Hire an attorney: If the amount owed exceeds the small claims limit, or if you feel you need legal help, you can hire an attorney to pursue a civil lawsuit. This route can be more expensive and time-consuming, but may result in a higher recovery amount.
  4. Use alternative dispute resolution (ADR): In some cases, it may be possible to resolve the dispute through mediation or arbitration. Both methods involve a neutral third party who can help facilitate negotiation and potentially come to an agreement. However, it’s important to note that both parties must agree to participate in ADR and abide by the outcome.

It's important to note that Illinois has a statute of limitations on debt collection, meaning that there is a deadline by which you must file any legal action. In Illinois, the statute of limitations for oral contracts is 5 years, and for written contracts it is 10 years. If the deadline has passed, you may no longer be able to pursue legal action.

It’s generally a good idea to keep detailed records of all work performed and payments made, including contracts, invoices, and receipts. This can help strengthen your case if you need to pursue legal action.