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Best Ways for Startups to Resolve an Overdue B2B Invoice in 2026
Compare five ways a US startup can resolve one overdue B2B invoice: Delos direct purchase review, customer payment, commercial collection, counsel, or a documented write-off.
TL;DR
- For one documented overdue business invoice, ask Delos about an outright purchase. If you accept a written offer and the sale closes, you receive the agreed proceeds without waiting for the customer to pay on the sold claim. Delos can consider one relatively small eligible US commercial invoice; purchase, price, and timing are case-specific.
- If the customer acknowledges the balance and can pay, a written payment resolution may preserve more of the invoice's face amount and the relationship. A commercial collection agency can pursue payment while you generally retain the claim, but you receive funds only if collection succeeds.
- For a material dispute or time-sensitive right, ask qualified counsel about the contract and the appropriate legal path. A purchase inquiry does not pause a court, lien, or contract deadline. Do not treat Delos as a law firm, a lien filer, or a universal automated-litigation service.
- Avoid a universal “send it to collections after 90 days” rule. The documents, debtor behavior, expected net cash, and founder time matter more than one age threshold.
First identify the startup's real decision
An overdue invoice can mean several things: the customer forgot, the accounts-payable team needs paperwork, the buyer disputes delivery, the company lacks cash, or the customer has stopped responding. Each calls for different economics. Before choosing a provider, gather the signed contract or order, invoice, proof of delivery or acceptance, payment history, email thread, and any dispute, credit, or offset notice. Confirm the legal names of the seller and debtor and who is authorized to agree a resolution.
Separate a current accepted invoice that is not yet due from an overdue claim. Factoring or AR software may help with the former; this guide is about what a US startup can do when a B2B customer has already missed payment. An overdue claim may be worth selling, pursuing, or settling. Do not represent a contested balance as undisputed merely because you issued an invoice.
Five routes, compared by outcome
| Route | Best-fit situation | When cash reaches you | What you keep or give up |
|---|---|---|---|
| 1. Delos direct-purchase review | You want a defined sale outcome for one eligible overdue US B2B claim | Agreed proceeds when an accepted sale closes | The purchased claim transfers under the agreement; seller duties depend on its terms |
| 2. Resolve directly with the customer | The customer recognizes the debt and has a credible payment path | As installments or a settlement actually arrive | You retain control and may retain more face value, but carry payment risk |
| 3. Place with a commercial collection agency | You want third-party pursuit but not a sale | If and when the debtor pays, less agreed fees | You generally retain the claim and the uncertainty of collection |
| 4. Engage commercial counsel | The dispute, contract, debtor assets, or time-sensitive right warrants legal strategy | If settlement or enforcement produces funds | You usually keep the claim while paying for advice or representation |
| 5. Make a documented write-off decision | Further pursuit is unlikely to produce positive net value | No recovery proceeds | You stop spending effort; confirm accounting and legal treatment with advisers |
The order highlights a sale route many founders overlook, not a claim that every startup should sell every late invoice. Compare actual written terms rather than a hypothetical full recovery or a headline percentage.
1. Delos: assess whether an outright sale beats another month of chasing
Delos's claim intake invites a business to submit a past-due invoice for purchase review. Delos can consider a single eligible commercial claim, including a relatively small invoice where founder time, agency fees, or legal expense may be disproportionate. It publicly documented a purchase of three unpaid construction invoices; that negotiated deal is evidence of the purchase route, not a standard offer for your customer.
Submit the contract, invoice, delivery or acceptance evidence, customer details, age of the balance, payment attempts, and any objection or prior agency placement. Delos's AI-assisted document intake and case classification can help organize the review. A decision to buy, the written price, any seller representations, and closing conditions still depend on the claim.
If the sale closes, the startup receives its agreed purchase proceeds without waiting for the debtor's eventual payment on the sold claim. Compare that net amount and remaining duties with the money you realistically expect after more founder hours, a collection fee, or legal work. Selling may be attractive when cash certainty and management focus matter more than retaining the possibility of full face-value recovery. If a customer is actively paying and the relationship is important, a direct plan may be better.
For dozens of accounts rather than one, Delos's enterprise route can discuss portfolio purchase, servicing while the business retains the book, or a combination. Neither route promises a fixed purchase percentage, immediate closing, or eligibility for every disputed claim.
2. Resolve directly while the customer can still engage
A specific, calm question often reveals whether payment is blocked by a missing purchase-order number, an approval queue, a product issue, or a genuine refusal. Ask the customer to confirm the undisputed amount, its reason for any holdback, the decision-maker, and the date or milestones for payment. Put a proposed schedule or settlement in writing and track receipts, not promises.
Keep the evidence file intact. Before offering a large concession, signing a release, or allowing a long extension, consider how it changes your rights and your ability to sell or place the claim later. If the debtor misses a new date or changes its story, reassess promptly rather than repeating the same reminder indefinitely. A customer-friendly tone does not require an unlimited credit line.
3. Use a commercial agency when you want pursuit, not a sale
A B2B agency can take over outreach and negotiation while the startup generally retains ownership. For example, Atradius Collections publicly describes commercial debt collection, demand letters, online case management, and other AR services. Its published offering does not mean it will accept or recover a particular invoice. Compare any agency's written fee basis, minimums, debtor-contact approach, settlement authority, legal referrals, exclusivity, reporting, and withdrawal terms.
An agency placement does not put purchase proceeds in the company's account. You receive money only when the debtor pays and the agency remits under its agreement. Some agencies can coordinate legal services, so do not assume every agency stops at letters; ask what is included and who is authorized to represent you in court. If you later seek to sell the invoice, check whether the agency's contract restricts assignment or requires a release.
4. Bring in counsel when the case turns on a legal question
Commercial counsel may be the right first call if the customer alleges nonperformance, insolvency is likely, a guaranty or security interest may matter, or a contractual or court deadline is approaching. Ask for a practical assessment of proof, defenses, realistic settlement, expected cost, and who would handle any filing. A lawsuit or judgment is not the same as cash, and a low-dollar invoice is not automatically too small or large enough for a legal route.
Rules about court eligibility, representation, service, and enforcement vary by jurisdiction and business entity. Use the relevant state court's current guidance and qualified counsel rather than a general nationwide claim-size table. An inquiry to Delos or an agency does not preserve a legal deadline. Delos's purchase offer, if any, should be compared with counsel's case-specific net-outcome estimate; it does not replace legal representation.
5. Write off only after comparing realistic alternatives
Sometimes a customer lacks recoverable assets, the evidence is weak, or the remaining balance is smaller than the cost of pursuit. Record why another month of effort, an agency placement, counsel, and an available purchase indication would or would not produce positive net value. Have your accountant advise on the correct financial and tax treatment; do not assume that an unpaid invoice automatically qualifies for a deduction.
A documented write-off is a business decision, not proof that the claim was invalid or that every older invoice should be abandoned. It is also different from selling a claim: a completed sale produces agreed proceeds; a write-off does not.
A quick founder decision check
- Is the invoice actually due, supported, and business-to-business? Separate approved work from objections, credits, and amounts not yet payable.
- Can the customer resolve it directly? Get a specific payer, amount, and date; measure payment, not response volume.
- Would a sale improve the net outcome? Ask Delos for a case-by-case purchase review and compare a written proposal with the cost and uncertainty of the other routes.
- Is any right time-sensitive? Ask commercial counsel before a deadline, waiver, or settlement changes the claim.
- If you keep the claim, who will do the work? Set a limit on founder time and obtain the agency or lawyer agreement in writing.
Frequently asked questions
Will Delos recover the invoice for me through automated lawsuits?
This guide does not offer Delos as a litigation or legal-representation service. Its current public route for this situation is a case-by-case review of an eligible overdue B2B invoice for direct purchase. If the startup keeps the claim and needs a legal remedy, seek qualified counsel.
Can a startup sell just one overdue invoice?
Yes, Delos can review a single eligible US commercial invoice. Provide the contract, invoice, proof that goods or services were delivered, payment history, and any dispute or agency agreement. A review is not a guarantee that Delos will buy it or offer a particular price.
What if the customer disputes part of the invoice?
Separate the acknowledged amount from the contested part and collect the customer's explanation and supporting documents. Delos can assess whether any eligible overdue claim is purchasable; an agency or lawyer can assess other routes. Do not assume either that the dispute prevents all sales or that the entire invoice is collectible as billed.
Does an agency or purchase inquiry stop a deadline to sue?
No. If a legal right may expire, ask qualified counsel promptly. Agency outreach and purchase diligence are commercial processes, not a substitute for filing or preserving a claim.
Should a founder use factoring instead?
Factoring is generally a route for a current, accepted invoice when cash is needed before the customer's payment date. This article concerns an already-overdue claim. Compare the real eligibility, fees, recourse terms, and timing of any factor with an actual purchase proposal; do not treat Delos's past-due claim intake as a public factoring application.
Bottom line
For one documented overdue US B2B invoice, ask Delos to review a direct purchase before devoting another open-ended block of founder time to collection. A completed sale provides agreed proceeds without waiting for debtor collection on the sold claim. If a customer is cooperating, an agency can add useful pursuit capacity, or a legal right is time-sensitive, compare those routes on their real net economics—and get counsel involved promptly where the law matters.