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What Happens If a Brand Doesn't Pay on Time?

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What Happens If a Brand Doesn't Pay on Time?

If a brand doesn't pay on time, you have a statutory right to late-payment interest from the due date (10% per year as of 1 July 2026), up to three reminder fees of DKK 100 each, and — if you invoice as a registered business — a DKK 310 compensation fee. If the brand still doesn't pay, you can file a payment order with the bailiff court yourself for undisputed claims under DKK 100,000, without a lawyer.

The invoice is sent, the due date has passed, and the brand has gone quiet. Most of the Academy's payment articles are written from the brand's side — this one covers the reverse situation: what you, as a creator, can actually do when the money doesn't arrive on time. The rules below are ordinary Danish commercial law — the Interest Act (renteloven) and the Debt Collection Act (inkassoloven) — not influencer-specific rules, but most creators have never needed to know them until suddenly they do.

This is general legal orientation, not advice on your specific case. For a larger, concrete claim, a lawyer or a licensed debt-collection agency is the right next contact.

Step one: the contract's payment deadline is your starting point

Before you can claim anything, you need a date to point to. If the contract or the invoice states a concrete payment deadline — "net 14 days", for example — that's the date everything else is calculated from. If you never agreed a deadline in writing, you're in a weaker position: you can still demand payment, but it becomes an argument about what was actually agreed, instead of a clear, documented due date. That's exactly the kind of gap the contract checklist asks you to close before the collaboration starts — not after the invoice is already overdue.

Step by step: from due date to debt collection

StepWhat you doWhen
1. ReminderSend a written reminder with a new deadlineAs soon as the due date has passed
2. Interest claimCalculate and claim statutory interest from the due dateOngoing — the right arises automatically; you don't need to warn the brand in advance
3. Reminder feeAdd up to DKK 100 on top for each reminder you sendMaximum 3 reminders per claim, at least 10 days apart
4. Compensation feeClaim an extra DKK 310 if you invoice as a registered businessFrom day 1 after the due date — no prior reminder required
5. EscalateHand the case to a debt-collection agency/lawyer, or file a payment order yourselfOnce the reminders are exhausted and the brand still hasn't paid

Your right to statutory interest (renteloven § 5)

Even if you never agreed an interest rate in the contract, Danish law still gives you a statutory right to late-payment interest under renteloven § 5 — it doesn't require you to have written it into the contract or warned the brand in advance. The rate is Danmarks Nationalbank's official lending rate, set on 1 January and 1 July each year, plus a fixed 8-percentage-point surcharge. As of 1 July 2026 (checked 23 August 2026), that works out to a statutory late-payment interest rate of 10% per year. The interest runs from the due date regardless of whether you've sent a reminder — a reminder is not a precondition for interest, only for the reminder fee.

Reminder fee: max DKK 100, max three of them (§ 9b)

For each written reminder you send, you may charge up to DKK 100 in reminder fees — but for no more than three reminders relating to the same claim, and only if the reminders are sent at least 10 days apart. A fourth reminder doesn't earn a fourth fee, and two reminders sent the same week effectively count as one for fee purposes, because the spacing requirement isn't met.

The DKK 310 compensation fee — B2B claims only (§ 9a)

Beyond interest and reminder fees, renteloven § 9a gives you the right to a fixed DKK 310 compensation fee per claim — set by executive order in 2013 and matching the EU directive's EUR 40 minimum. The fee applies only in B2B relationships: the underlying agreement has to have been entered as part of a business activity, and the debtor — the brand — has to be a business. That side is always satisfied, since the brand is a business. The clear, well-documented case for you as a creator is when you invoice as a registered business with a CVR number: then both parties' business status is unambiguous, and the right to the fee is clean. If you're instead paid as B-indkomst (personal honorarium income) with no CVR, whether the fee applies is a genuine grey area this article can't resolve — ask an accountant if it's relevant to your situation rather than assuming the fee applies.

The fee doesn't require a prior reminder, and you can claim it from the day after the due date. It can only be claimed once per claim, no matter how long the delay drags on.

"Fair debt collection practice" binds the collection agency — not you, sending your own reminders

A commonly misunderstood point: the Debt Collection Act's "god inkassoskik" standard (§ 9) applies to inkassovirksomhed — meaning anyone who, on a commercial basis, collects claims for others, or collects purchased claims for themselves. If you send your own reminder for your own unpaid invoice, you're not covered by that law, and you don't have to follow its formal requirements. The standard only becomes relevant once you hand the case to a debt-collection agency or a lawyer running a debt-collection business on your behalf — at that point it's their conduct the law regulates: no undue pressure, no misleading threats, and a duty to be able to document the claim if the brand disputes it.

Filing a payment order (betalingspåkrav) yourself

If the claim is undisputed — the brand hasn't previously objected to it — and the amount (excluding interest and costs) doesn't exceed DKK 100,000, you as the creditor can file a betalingspåkrav (payment order) directly with the bailiff court (fogedretten) yourself, without going through a lawyer. This simplified debt-collection process combines establishing the claim and enforcing it into a single approach to the court, instead of a judgment followed by a separate enforcement case. If the brand doesn't object within the deadline, the payment order becomes enforceable — meaning it can be executed as if it were a court judgment. Domstol.dk, the Danish courts' own website, blocked direct fetching during research for this article (23 August 2026); the threshold and process are instead corroborated across multiple independent Danish debt-collection and law-firm sources.

If the brand disputes the claim

If the brand objects — to all or part of the claim — the case can no longer be handled as an undisputed payment order; it has to go through ordinary civil proceedings instead. The same basic principle applies here that Forbrugerombudsmanden emphasizes in its general guidance on debt collection: it's the creditor who has to be able to document the claim — not the debtor who has to prove innocence. Keep the contract, the delivered work and all correspondence from day one. It's the same logic that applies in the reverse situation — see what happens if an influencer doesn't deliver for why documenting the timeline is the first thing a brand is asked to do when it's the one filing the complaint.

Decision framework: reminder, interest, debt collection or the bailiff court?

SituationRecommended action
Short delay (a few days), the brand responds and explains whyOne friendly reminder with a new deadline — no need to escalate yet
No response after one reminder, the claim is small (a couple thousand DKK)Send up to two more reminders (DKK 100 each), claim interest continuously — often enough to get paid
No response after three reminders, claim is undisputed and under DKK 100,000File a payment order yourself, or hand the case to a debt-collection agency
Brand disputes the claim in whole or in partGather documentation and prepare for ordinary civil proceedings — the payment-order route is closed
Claim exceeds DKK 100,000The payment-order process doesn't cover it — get legal help from the start

Worked example: what can you actually claim? (hypothetical)

The figures below are a made-up example to illustrate the calculation — not a real customer case.

You invoiced a brand DKK 8,000 for a campaign, with an agreed payment deadline. 45 days after the due date, nothing has been paid, and you've sent two reminders at least 10 days apart.

  • Statutory interest: DKK 8,000 × 10% p.a. × (45/365 days) ≈ DKK 98.63
  • Reminder fees: 2 × DKK 100 = DKK 200
  • Compensation fee (you invoice via CVR): DKK 310

Total claim = DKK 8,000 + DKK 98.63 + DKK 200 + DKK 310 = DKK 8,608.63 — DKK 608.63 on top of the original fee, before the case has even been escalated to debt collection or the bailiff court.

Common mistakes

  • Waiting too long to send the first reminder, because pushing feels uncomfortable with a brand you'd like to work with again.
  • Assuming the interest claim needs a reminder first — it doesn't. Interest runs from the due date regardless.
  • Claiming the compensation fee without invoicing as a registered business — the clean right assumes you're operating as a business yourself.
  • Confusing sending your own reminder with running a debt-collection business — you're not bound by "fair debt collection practice," but you're also not protected by its formal requirements if you choose an aggressive tone yourself.
  • Forgetting the limitation period. Under forældelsesloven § 3, most monetary claims in Denmark expire after 3 years from the due date — don't sit on an unpaid claim for years.

Make Influence's perspective

In our experience at Make Influence, most late payments to creators trace back to a brand's internal approval process, not an unwillingness to pay. That doesn't change the fact that you, as a creator, are entitled to know your rights if it drags on. A structured, written process — reminder, interest claim, potentially the compensation fee — isn't aggressive; it's the same kind of predictability the article on non-delivery from the influencer's side recommends the brand follow. The rules run both ways.

FAQ

Do I need a CVR number to claim the DKK 310 compensation fee?

The clear, well-documented case is when you invoice as a registered business with a CVR number. If you're instead paid as B-indkomst with no CVR, the right to the fee is a grey area — ask your accountant.

Can I claim statutory interest even if it's not written into the contract?

Yes. Renteloven § 5 gives you a statutory right to interest regardless of whether the contract mentions it. It's still a good idea to write the rate in, so both sides know it up front.

Do I need a lawyer to file a payment order?

No. The payment-order (betalingspåkrav) process is specifically designed so you, as the creditor, can go directly to the bailiff court yourself, without a lawyer, provided the claim is undisputed and under DKK 100,000.

Does "fair debt collection practice" apply to me if I'm chasing my own invoice?

No. The Debt Collection Act applies to commercial debt-collection activity — collecting claims for others, or collecting purchased claims. Sending your own reminder for your own invoice isn't covered.

How long can I wait before the claim expires?

Generally 3 years from the due date, under forældelsesloven § 3. Don't wait long to act if the brand doesn't respond to your reminders.

Does the same logic apply if I'm paid through an affiliate deal instead of a fixed fee?

The interest and reminder-fee principles are the same, but affiliate income is often taxed differently (typically as B-income) than an invoiced fee — see affiliate influencer marketing in Denmark for the tax difference.

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