by Tom Stilp JD, MBA/MM, LLM, MSC, DBA, March 16, 2026
When a customer fails to pay, many businesses assume that is the end of it, or at best, a money-losing proposition to try to do anything about payment.
But it does not have to be that way. In fact, by using a simple invoice form, you can increase both the likelihood of recovery and the amount you recover — substantially.
For example, a court recently awarded judgment for a business in an amount almost three-times (300%) of the original amount due. How is that possible?
Your invoice forms say a lot. Most businesses focus on the product, quantity or price on the invoice. But by including a few simple words, a “magic phrase,” if you will, on each and every invoice, your business will not only have a better chance of getting paid, but getting paid more. These words are universally recognized and so commonplace that few think to object to them. After all, you are in business to make money.
The key to success is found not only the “magic words” that evoke these protections, but in the easy and repetitive use of the form in business with your customers.
For example, a Court awarded over $75,000.00 in additional money to our client using the following provision which our firm drafted (and used with permission of the client for this article), where each invoice contained the same terms appearing in bold-faced, large font, all capitals, with a box surrounding the bold print:
NOTE: IF PAYMENT NOT RECEIVED WITHIN 30 DAYS OF TERMS, BUYER AGREES TO PAY 1.5% INTEREST/MONTH AND ANY COSTS AND REASONABLE ATTORNEYS’ FEES INCURRED CONCERNING THIS INVOICE OR PAYMENT
Once your business sets up the program, a quick and inexpensive process, there is nothing that your business will need do further as the program becomes self-implementing.
When used correctly, and by knowledgeable attorneys, your business should never lose money when owed money.
