Calendar·Law·Debt Collections and Creditor Rights
When a Customer Won't Pay: Your Legal Options
FACULTY OF LAWDebt Collections and Creditor Rights • ~30 min

The legal options available to Canadian businesses when customers fail to pay — demand letters, collections, small claims, and how to assess which path makes sense given the amount and the debtor's circumstances.

When a Customer Won't Pay: Your Legal Options

Price
$79
Lessons
4
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What this course covers

01The Unpaid Invoice: Your Legal Rights and the Options Available
02Demand Letters and Collections: Starting the Recovery Process
03Small Claims and Civil Court: When to File and What to Expect
04Assessing Collectability: When Pursuing the Debt Makes Sense and When It Doesn't

Scenario

An invoice for $14,750 has been outstanding for 87 days. The invoice represents the balance owing for a 6-week interior renovation project completed by a small contracting firm based in the Greater Toronto Area. The firm, operated by a sole proprietor with 2 part-time employees, completed the work as specified in a written contract signed 4 months earlier. The project involved converting a ground-floor commercial unit into a retail space for a customer who operates a home décor business.

The contract specified a total price of $29,500, with $14,750 payable upon signing and the balance due within 30 days of project completion. The customer paid the initial deposit on time. The contractor completed the work by the agreed date, addressed 3 minor deficiency items identified during a walkthrough, and issued the final invoice on the day the customer took possession of the renovated space. The customer acknowledged receipt of the invoice and indicated payment would follow shortly.

That was nearly 3 months ago. Since then, the contractor has sent 4 follow-up emails, left 6 voicemail messages, and made 2 in-person visits to the retail location. The customer responded to the first 2 emails with brief assurances that payment was forthcoming, citing cash flow difficulties related to slow sales in the new store. After that, communication stopped entirely. The most recent voicemail went unreturned, and during the last in-person visit, the contractor found the retail space open for business but staffed only by an employee who said the owner was unavailable.

The contractor has copies of the signed contract, photographs documenting the completed work, the original invoice, and email records of all communications with the customer. The contractor also has text messages from the customer praising the quality of the work and confirming that the project met expectations. There is no dispute about whether the work was performed or whether it was performed adequately.

The $14,750 represents a significant sum for a small contracting operation. The contractor used approximately $6,200 in materials for the project and paid the 2 employees a combined total of $3,100 in wages for their work on the job. The outstanding balance includes the contractor's own labour, overhead, and profit margin. The contractor has never before had to pursue a customer for non-payment beyond a routine reminder, has no experience with demand letters or court proceedings, and is uncertain whether the customer's apparent financial difficulties mean the debt is recoverable at all.

More in this program

Judgment Enforcement: Garnishment, Seizure, and Liens
~30 min · $79
Personal Guarantees and How They Are Enforced
~30 min · $79
Insolvency and Bankruptcy: What Happens to Your Debt
~50 min · $149

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