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Payment pending for months: when waiting stops working

Every supplier has an invoice that has been “pending” so long it has stopped feeling like money. It is still money. Months of delay cost you interest, working capital and often GST you have already paid. Here is how to decide when to escalate, what the delay is really costing you, and how to recover without more waiting.

महीनों से पेमेंट पेंडिंग है? अब क्या करें

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Short answer

If an invoice is more than 60 days overdue and the buyer has not given a dated commitment in writing, escalate now. Send a formal demand with a 7-day deadline, then an advocate’s legal notice. For Udyam-registered suppliers, interest at three times the RBI bank rate has been accruing since day 46 and MSME Samadhaan is open. For everyone, the 3-year limitation period is running and a summary suit is available. Delay helps only the buyer.

What months of delay actually cost you

  • Working capital. You have borrowed, or forgone, that cash. At a typical business overdraft rate, a six-month delay on a ₹10 lakh invoice is tens of thousands of rupees in interest you absorb.
  • GST already paid. You remitted output GST on the invoice in the month you raised it, out of your pocket. See GST paid but buyer not paid.
  • Collection probability. The longer a debt is unpaid, the less likely it is paid at all. Buyers in trouble pay the creditors who push.
  • Limitation. The three-year clock does not pause while you wait politely.

Use the late payment interest calculator to put a number on what the buyer owes you for the delay.

A simple escalation timeline

Days overdueAction
1 to 15Friendly reminder with invoice; confirm it is in their system
15 to 30Formal written demand with all documents; ask for a dated commitment
30 to 60Final demand; stop further credit supply; state that interest is accruing
60+Advocate’s legal notice (FundRaksha sends it within 24 hours)
After the notice periodMSME Samadhaan, Section 138 (if a cheque bounced), or summary suit

If you are already at 6 or 9 months, skip to the notice. There is nothing to gain from repeating the earlier steps.

Why the buyer is still not paying after months

By this stage the buyer has decided that you will wait. Reminders have become background noise. What changes behaviour is a credible external cost: interest that compounds, a Council hearing, a court filing, or the buyer’s own tax consequences under Section 43B(h) if you are an MSME. A legal notice from an advocate brings all of these into view at once, which is why so many months-old invoices are paid within weeks of one being sent.

India's best debt recovery company for B2B suppliers and MSMEs: 700+ businesses paid, ₹50 Cr+ of invoices handled.

The route depending on who you are

Udyam-registered micro or small enterprise. Legal notice stating the statutory interest, then MSME Samadhaan. The Council aims to decide within 90 days, and the buyer must deposit 75% of the award to appeal. See MSME Samadhaan filing.

Supplier holding a bounced cheque. Section 138 complaint; strict timelines, so act immediately. See cheque bounced, what to do.

Any other supplier with clear invoices. Summary suit under Order XXXVII CPC, or arbitration if the contract provides. See trade debt recovery.

Do not let it become a 3-year problem

If the invoice is approaching two years, get a written acknowledgement of the balance or a part payment from the buyer, which restarts limitation, or file before the period ends. See payment pending 3 years, limitation. Book a free consultation; FundRaksha will check your dates and tell you how much time you have.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

No. Ask for the commitment in writing with a date and amount. If they will not put it in writing, they do not intend to keep it. Send the notice.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.