My customer is not paying his invoices. Am I able to take him to court even if there is no written contract?

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When a customer defaults on payment, especially on invoices tied to services or goods provided, putting a lien on their property can be a powerful tool to secure your debt, but it has to be done properly following the applicable state laws where the property is located.

Generally, a lien is a legal claim or hold on the property, which prevents the owner from selling or refinancing it without paying off the lien first. However, just placing the lien may not be enough to get paid — it often involves a formal filing process, notice to the customer, and sometimes a legal proceeding to enforce or foreclose on the lien if payment is still not made.

Depending on the type of lien (mechanic’s lien, materialman’s lien, or other judgment liens), there are deadlines and procedures you must strictly follow, including sending notices and filing the lien within a certain timeframe after the work or delivery.

If you haven’t already, it’s crucial to verify that your liens comply fully with local laws to avoid them being challenged or invalidated.

Also, you might want to consider pursuing a formal lawsuit to obtain a money judgment, which can then lead to wage garnishment or bank levies if the lien does not prompt payment.

If the customer still refuses to pay, a court enforcement of the lien or judgment may be necessary.

Yes, you can still take your customer to court even if you don’t have a written contract.

While having a written agreement makes things clearer and often easier to prove, the law generally recognizes that contracts can be oral or implied based on the actions and circumstances between the parties.

If you provided goods or services and the customer accepted them and didn’t pay, that can create what’s called an implied contract or a contract based on “quantum meruit” — meaning you deserve payment for the value of the work or goods provided.

In court, you would need to prove that there was an agreement—written, oral, or implied—that you would be paid. Evidence like invoices, communications, emails, text messages, or witness testimony can help.

The absence of a written contract does not bar you from pursuing a claim.

That’s a really good question. Generally, charging interest on overdue balances without a written contract can be tricky.

Courts usually won’t allow interest unless:

• the parties agreed to it (written or oral), or
• your invoices stated interest terms, or
• your state allows statutory interest.

If none of those apply, a court may only award the principal amount.