An unusual trend has crept into agency life: more small and midsize business clients seem to treat paying invoices as optional. Not “we had a bad month, can we do a plan?” Optional as in: contract signed, work delivered, invoice sent, then silence. Or worse, a string of polite excuses that buys time while they keep requesting deliverables like nothing happened.

If you feel like this has gotten worse, you are not imagining it.

QuickBooks found that over half of US small businesses surveyed said they are owed money from unpaid invoices, with an average outstanding balance around $17.5K per business. Nearly half reported invoices overdue by more than 30 days. Atradius reported that, in its 2024 US B2B survey, only 42% of invoices were paid on time, with 50% past due and 8% written off as bad debt.

On the agency side, Ignition reports that 71% of agencies say at least one in four invoices gets paid late, and 84% spend hours every month chasing money.

So yes. The air changed. Not because chaos makes people evil. It just changes incentives. It breaks norms. It turns “we pay our vendors” into “we stall everyone until someone yells loud enough.”

What is driving this rise in nonpayment

Nonpayment is not one behavior. It’s three problems wearing the same costume.

Cash flow stress turns into vendor financing

Many SMBs run thin. When sales wobble or credit tightens, they stretch payables. They treat your invoice like a short-term loan with no interest.

QuickBooks links late payments to cash-flow strain, reliance on credit, and slower hiring.
This matters because the client often tells themselves a story: “I will pay when my next receivable clears.” Then that receivable slips. Then another slips. They are now in the hole, and your invoice is in the pile.

You are not a vendor anymore. You are a bank. You just didn’t approve the loan.

Confusion becomes a tactic

Some clients do not know what they bought. That is on them, but it is also on unclear scopes, vague deliverables, and shifting approval chains.

When the work feels “soft” to them, payment feels negotiable. Not because your work lacks value, but because they cannot point to a clean definition of done.

If the economy feels unstable, clients grasp for control. One easy lever is withholding payment while they “review results” or “wait for leadership sign off.”

A cultural shift toward boundary testing

A lot of buyers learned bad lessons from the modern internet:

  • Cancel anytime
  • Chargeback first, ask questions later
  • Complain loudly, and maybe you get a discount

That mentality spills into B2B services. Some clients test whether your agency has a spine. If you keep delivering while unpaid, you just answered their question.

This is the part people avoid saying out loud: some clients can pay, and choose not to. They are practicing what I’ll call strategic nonpayment. They gamble that you will not escalate.

You see this pattern in broader supplier economies, too. The UK government announced a major crackdown on late payments, citing the economic damage and business closures linked to slow payment practices.
If governments feel forced to swing a hammer, you can assume the problem is not “a few forgetful invoices.”

The first rule: separate inability from intent fast

Before you reach for legal language, diagnose the situation. You need to know whether you are dealing with distress, dysfunction, or disrespect.

Distress looks like: missed payroll, layoffs, lost customers, founders sweating in calls, real attempts to propose a plan. Dysfunction looks like: AP “processing,” new approvers every week, invoice stuck in a queue, no owner.  Disrespect looks like: repeatedly asking for work, dodging payment questions, and acting offended when you pause.

All three need structure. Only one needs patience.

Where agencies accidentally invite nonpayment

There are a few patterns that make agencies easy to stiff. They feel “client-friendly” until you watch your cash balance dip.

You bill after delivery with no leverage left

If you deliver the main value first, you remove your leverage. If the client goes quiet after delivery, your only remaining lever is relationships and threat. Neither is fun.

This is why milestone billing and prepayment matter. Not as punishment. As reality.

You treat payment like a finance issue, not an operating system

Payment is not a back-office task. It’s part of service delivery.

If your agency can start work without a deposit, keep working past terms, and ship final files before payment clears, then your agency built a system that rewards late pay behavior.

You let scope sprawl blur accountability

When the scope changes weekly, clients start to feel like everything is “in progress.” They hesitate to pay because they think “we are not done yet,” even if you delivered exactly what was agreed.

A tight scope and a simple acceptance process reduce excuses.

The protection stack: what to change in your terms and process

You want layers. One clause never saves you. Systems do.

1. Move to prepayment, deposits, and milestone gates

You do not need to bill everything upfront. You need to stop financing clients by accident.

A practical structure for agencies:

  • Start with a deposit that clears before kickoff
  • Bill monthly retainers in advance, not in arrearsBill projects by milestones, with payment due before the next milestone begins
  • Keep the “release” of final assets behind the last payment

Ignition’s data shows agencies that keep billing after the fact take on more late pay risk, and only a small slice require full payment upfront. That gap is your opportunity.

2. Shorten terms and automate the pause

Net 30 invites drift. Net 15 still drifts. If you want clean behavior, shorten terms and make pausing automatic.

A strong pattern looks like: “Payment due within five days. Work pauses on day six if unpaid. Timeline shifts accordingly.”

This is not theoretical. It is operational maturity.

3. Make ownership and access a payment lever

You never want to “hold a client hostage.” You also do not want to hand over the keys while they owe you money.

Common leverage points agencies forget:

  • Do not transfer domains, ad accounts, or admin access until paid
  • Keep the final source files behind payment, especially for creative and builds
  • Use staged deliverables: review links first, downloadable packages after payment
  • Put “work product transfers on full payment” in writing

This avoids disputes by keeping the discussion calm and factual: “We will release the final package as soon as the invoice clears.”

4. Add late fees and collection cost language

Will you actually collect late fees every time? Maybe not. But the language matters.

Late fees do two things:

  1. They signal seriousness.
  2. They give you room to waive as a concession later, without discounting your core fees.

Also include responsibility for reasonable collection costs if you have to escalate. That clause changes the math for the client who thinks ignoring you is free.

5. Tighten acceptance criteria so payment has a finish line

This is a sneaky killer. Clients delay payment because they claim the work is “not accepted.”

Fix it with a simple acceptance clause:

  • Define what “delivered” means
  • Define the review window, such as five business days
  • If no feedback arrives within that window, acceptance is assumed
  • Changes outside scope require a change order

You are not being rigid. You are reducing ambiguity, which reduces payment disputes.

6. Screen clients like you actually want to stay in business

If you only qualify for “fit,” you miss risk.

Add a light risk screen:

  • Who owns the budget and approves payment
  • What is their payment history with vendors
  • Are they switching agencies often, and why
  • Are they trying to start work before signing or paying

Bad fit shows up early. “Fire the Client” calls this out, too, watching for boundary testing during discovery.

Your escalation path: a simple script that keeps you out of drama

You want an escalation ladder that feels boring. Boring means repeatable.

Here’s a clean structure many agencies use.

Day 1 after due date: friendly reminder with the invoice and payment link.
Day 3: direct note: “We will pause work on day six per the agreement.”
Day 6: pause work, notify stakeholders, update timelines. No debate.
Day 10: request a written payment date or propose a payment plan with autopay.
Day 14: send a formal demand letter or attorney letter, depending on the amount.
Day 21: collections, small claims, arbitration, or termination per contract.

Notice what is missing: emotion.

When you escalate, keep it factual. Dates. Terms. Next steps.

The fastest way to lose leverage is to turn a payment dispute into a relationship therapy session.

Why “pause work” protects the client too

Some agency owners fear that pausing looks harsh. It does not. It looks like leadership.

If a client cannot pay, continuing to deliver only deepens the hole. It builds a bill they cannot clear. It adds shame, and shame creates avoidance.

A pause forces reality. It invites one of two healthy outcomes:

  • They pay, and the relationship stabilizes
  • They admit they cannot pay, and you unwind cleanly

Dragging it out helps nobody, especially your team.

And if you want the trust framing, you already wrote it: trust works like operating leverage. Clear systems reduce fear, speed decisions, and cut churn.
Payment discipline is part of trust. Clients who pay on time trust you. You should also trust yourself enough to enforce terms.

A quick note on chaos and the macro backdrop

When insolvencies climb, late pay behavior spreads. It is not just “bad clients.” It is contagion.

Reuters reported January 12, 2026, that Germany is seeing its highest corporate bankruptcies in over a decade, with courts reporting rising insolvencies and monthly highs in closures.
That is not your local market, but it reflects broader pressures across economies.

In that environment, some clients stall because they are scared. Others stall because they can. Both cases demand the same agency response: tighter terms, clearer gates, faster action.

The bottom line

If you run an agency, you cannot afford to rely on politeness as your collections strategy. You need a payment system that assumes stress will show up. Contracts still matter. But process matters more. A contract is your seatbelt. Your billing and delivery system is your brakes. You want both. Because the road is not getting calmer. If you want a related read from Transmyt, your “Monday’s AWS Ripple” piece makes a point that applies here too: when critical systems wobble, revenue wobbles. Payment is a critical system. Treat it that way. One last thing: nothing here is legal advice. Have counsel review your contract language for your jurisdiction. Then enforce it like you mean it.

About the Author: Jeremy Mays

I’m Jeremy Mays, Founder and CEO of Transmyt Marketing. For 25 years, I’ve helped startups and enterprise leaders cut through noise, scale smart, and win in complex markets. If you’re looking for clarity on your next move, I’m available most weekdays to explore opportunities together.

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