A past due invoice is billing instrument requesting payment by an account holder that is late on a monthly payment. It’s common to use a past due invoice when a partner is seeking child support payments and when a landlord is seeking rental payments from a tenant.
Table of Contents
- 7-Days Past Due
- 10-Days Past Due
- 14-Days Past Due
- 15-Days Past Due
- 30-Days Past Due
- 60-Days Past Due
When an account or a payment that was expected to be paid goes without payment, the person responsible for making payment is considered to be “past due”. As a result of being past due, many things can be triggered as a consequence to the person in default. The person or company expecting payment will take notice and either take no action (unlikely) or issue some type of official statement, which can be done with a past due invoice. Giving notice is important because otherwise, legal action can not proceed without having first given a past due warning.
A past due invoice can either be sent by letter (mail) or be email. If possible, send by email and by mail.
Send a past due invoice by certified mail with a return receipt in cases where it’s likely that the courts will be involved to resolve an outstanding balance from a debtor.
Not paying child support is the worst case scenario for anyone who is past due on a payment. Child support is not to be taken lightly, as if a parent is found purposely avoiding payments when having the funds available will result in that person being in contempt of court, which could result in jail time.
Each state is different in the way it handles people who fail (past due) to make child support payments. In California, when a parent is late on child support, the other parent can obtain a child support court order and wage an assignment to be served. The parent’s employer will be notified of the assignment and will be forced to deduct the child support payment from the parent’s paycheck.
Ways to collect past due child support:
- For parents that have a normal job, a garnishment can be applied to the obligor’s paycheck and each week, a percentage of the paycheck will be taken out to go towards the child support payment. May not work for those that are self-employed.
- Intercepting a tax refund on the parent that is late on paying child support is a viable option.
- When a parent who owes child support is self-employed, it’s possible to revoke licenses associated with their job, such as real estate licenses, license to practice medicine, and so forth. This technique is legal under law (with a court order) and puts pressure on the parent to finally pay.
Use this past due letter and attach it to the past due invoice when sending via mail or email.
Dear _________ (Name of Recipient)
It is to my understanding that you are _______ (Days) past due on your obligation to pay _______________ (Name of Creditor) in the amount of $__________ (Dollar Amount). Payment was due by ___/___/____ (Previous Due Date) which is now past due. Please make a minimum payment in the amount of $___________ by ___/___/____ (Final Due Date) in order to rectify the debt without penalty.