First, check what you agreed to
Before you send anything, find the agreement. That might be a signed contract, a confirmation email, or a DM thread where you both said yes to the deal. You're looking for three things: the amount, the due date, and what counts as delivered (for example, one TikTok video posted and live for a set number of days).
The due date matters most. Net terms are just the number of days a buyer has to pay after the invoice date, and they're an invoicing convention rather than a legal requirement.1 If your agreement says October 1, October 1 is the deadline.
No written date at all? You may still be covered. Several state and city laws set payment at 30 days after the work is done when the contract is silent, and the next section breaks those down.
If you got this deal over DMs with nothing in writing, fix that for next time. A rate card template gives you a place to set your prices. Keep the written agreement as its own step.
The follow-up emails to send
Send these three emails in order. Each one is short, states the amount and the due date, and gives the brand a clear next step. Swap in your own details where you see brackets.
- Day 0Friendly reminder
- Day 7Firm follow-up
- Day 14Final noticeName your next steps
A suggested timeline for chasing an unpaid invoice: a friendly reminder on the due date, a firm follow-up asking for a payment date at day 7, and a final notice naming your next steps at day 14.
The first goes out on the due date itself. Keep the tone friendly, because a late payment can be a slow accounts team.
Subject: Invoice due today: $500 Hi [first name], Quick note that my invoice for $500, for the TikTok video posted on [post date], was due today, October 1. Can you confirm payment is on its way? If you need the invoice or my W-9 resent, I'm happy to send it again. Thanks, [your name]
The second goes out 7 days later. Now you're firmer, and you ask for a specific payment date.
Subject: Invoice 7 days past due: $500 Hi [first name], Following up on my invoice for $500, due October 1. It's now 7 days past due and I haven't heard back. Please pay by [date], or reply today with a firm payment date. If something is holding this up on your side, let me know so we can fix it. [your name]
The third goes out 14 days after the due date. This one names your next steps. Send it only if you mean it.
Subject: Final notice: unpaid invoice, $500 Hi [first name], This is my final notice on the invoice for $500, due October 1 and now 14 days past due. If payment doesn't arrive by [date], I'll look at my options, including any freelance payment law that applies to this work. I'd rather settle this directly. [your name]
Keep your tone flat and factual in all three. Anger gives the brand an excuse to stall. The paper trail is what you use later.
US freelance payment laws that can help
There's no general federal law that forces a brand to pay a freelancer on time. A handful of state and city laws do it instead, and one of them may apply to you depending on the work, the amount, and where you and the client are.
The lowest contract value covered by freelance payment protection laws in California, Illinois, Los Angeles, Seattle, New York City and New York State, based on each state or city law as written. Sources: 2, 4, 7, 8, 10, 11.
| Where | Covers work worth | If no due date is set | If they pay late |
|---|---|---|---|
| New York City2 | $800 or more, including multiple contracts with the same client that add up to $800 within 120 days2 | No later than 30 days after you finish the work2 | Double damages; $250 for failing to provide a required written contract2 |
| New York State3 | $800 or more, alone or combined with the same client's contracts over the prior 120 days4 | No later than 30 days after the work is completed5 | $250 statutory damages for a refused written contract, plus double damages for late or missing payment6 |
| California7 | $250 or more, alone or combined over the prior 120 days7 | On the contract date, or no later than 30 days after the services are completed7 | Damages up to twice the unpaid amount, plus attorney's fees; $1,000 for refusing a requested written contract7 |
| Illinois8 | $500 or more, alone or combined over the prior 120 days8 | No later than 30 days after the work is completed9 | Read 820 ILCS 193 for the remedies |
| Los Angeles10 | $600 or more per calendar year, for work in the city10 | Within 30 calendar days10 | Read the Los Angeles ordinance for the remedies |
| Seattle11 | At least $600 expected from a client in a year11 | Within 30 days after completion11 | Read Seattle's Independent Contractor Protections Ordinance for the remedies |
Whether any of these laws covers you depends on the work you did and where you and the client are. California's law applies to professional services as defined in Labor Code 2778, which includes marketing work that is original and creative, plus listed roles such as photographer and videographer under conditions.12 A sponsored video you scripted and shot yourself can fit that description, but read the statute or ask a lawyer before you rely on it.
One more wrinkle: since January 1, 2025, the Los Angeles ordinance applies only where state law does not.10 So in LA, check California's statewide law first.
None of this is legal advice. For a large unpaid amount, talk to a lawyer.
If they still don't pay
Escalate in writing. In New York State, complaints under the Freelance Isn't Free Act go to the New York State Attorney General.3 For the other laws, check which agency the law names.
Both laws add financial consequences when a brand pays late. Under the New York State law, a prevailing freelancer gets double damages for late or missing payment.6 California's law allows damages up to twice the unpaid amount, plus attorney's fees. Under California's law, on a $500 invoice the brand's $500 problem can become a $1,000 problem.7
While you wait, build your file. Save every email and DM, the invoice, the agreement, links to the live posts, and screenshots showing the posts are up with the required tags and disclosures. Posts get deleted and accounts get banned.
Also check whether the brand is running your video in ads while the invoice sits unpaid. Our guide to usage rights and whitelisting explains what a brand can and can't do with your content, and it's worth reading before your next negotiation.
Taxes on brand money, paid or not
A brand that pays you for services may send you a 1099-NEC. The threshold is $2,000 for payments made after December 31, 2025, and $600 before that.13 The form is due January 31, both to the IRS and to you.14
The form is paperwork, and income must be reported even if no 1099 arrives. Income paid in property or goods counts too.15 So if a brand pays you in products instead of cash, that payment can count as income you need to report.
Keep this part simple. Track what you earned and what product you received, and hand the list to a tax professional once a year.
How to stop chasing payments
The fix is boring: never film before the money side is settled. Get a written agreement with a payment amount and a due date before you shoot anything. A one-page email that says "$500, due October 1, one TikTok video" beats a verbal yes every time.
Ask for payment, or at least a deposit, before you start. If a brand won't pay everything upfront, ask for half now and half when the post goes live. And when a brand's first offer comes in low or vague, counter the offer in writing so the terms exist before the work does.
You can also settle the money before you film. Rateful's AI manager, Sam, works with TikTok Shop creators.
Sam sends the brand a written agreement that sets out the exact payment plan. On your own deals, your deposit is released before you film, and Rateful holds only the rest until your posts are live. Rateful takes 0% of your deals. You film, the posts go up, the rest of the money releases.
Questions people ask
How long does a brand have to pay an influencer?
The deadline is whatever your agreement says. If the agreement sets no date, the freelance laws in New York City, New York State, California, and Illinois generally set payment at no later than 30 days after the work is completed.2579 "Net 30" on an invoice is a convention rather than a law.1
Can I take down a sponsored post if the brand doesn't pay?
Check what your agreement says first. Your agreement may give the brand rights to the content once it's delivered, and taking the post down could put you in breach even while they owe you money. Before you touch the post, get legal advice on your specific agreement.
Does the New York freelance law cover influencers?
The New York State law covers independent contractors hired for $800 or more, alone or combined with the same client's contracts over the prior 120 days.4 Whether it covers your deal depends on the work, the amounts, and where you and the brand are, so read the statute or ask a lawyer rather than assuming.
Should I charge a late fee on a brand deal invoice?
A late fee belongs in the agreement, agreed before you start. If your agreement doesn't have one, ask a lawyer before adding a fee to an invoice.
Do I still owe taxes if a brand never paid me?
Ask a tax professional how to treat an unpaid invoice. What the IRS does say is that income paid in property or goods counts15, so if a brand paid you in goods, that can still count even if no cash arrived.