Can I invoice clients without a written contract in the US?

Can I invoice clients without a written contract in the US?

Yes—many businesses in the United States invoice clients without a written contract every day, and in plenty of situations those invoices get paid without any drama. A written contract is not the only way to form a legally enforceable agreement. In the US, agreements can be created through spoken conversations, emails, text messages, proposals that were accepted, and even conduct (for example, you deliver work and the client accepts it). That said, invoicing without a written contract can increase the risk of misunderstandings, delayed payments, and disputes about scope, pricing, timelines, and ownership. The goal isn’t to scare you out of invoicing—it’s to help you invoice confidently and protect your cash flow.

This article explains how invoicing works without a formal contract, what makes an agreement enforceable, what to include on your invoices, and practical steps to reduce risk. You’ll also see common real-world scenarios—freelancers, consultants, tradespeople, agencies, and small productized service businesses—and how to handle each. If you’re using invoice24 for invoicing, you can create professional invoices, track payments, add clear terms, and keep a neat record trail that supports your position if a client later claims “we never agreed to that.”

Invoices vs. contracts: what’s the difference?

An invoice is primarily a billing document. It asks for payment and usually lists what was provided, the amount due, and when it’s due. A contract is an agreement that defines the relationship: what will be delivered, at what price, on what schedule, and under what rules (like late fees, cancellation policies, confidentiality, ownership, and dispute resolution).

Here’s the key idea: an invoice can be evidence that an agreement existed, but an invoice alone isn’t always the full agreement. If a client disputes the bill, the question becomes “What did both parties agree to, and can you prove it?” A written contract makes that easier, but it isn’t the only way.

In many service relationships, the agreement is spread across multiple items: emails, DMs, a proposal, a calendar invite, a statement of work, a text message confirming a price, and the fact that the client accepted and benefited from the work. Your invoice sits on top of that evidence trail as the payment request.

Are verbal agreements enforceable in the US?

Often, yes. Verbal agreements can be enforceable if the essential elements of a contract exist. In general, those elements include:

Offer: One party proposes terms (for example, “I’ll design your logo for $1,200”).

Acceptance: The other party agrees (for example, “Sounds good—please start”).

Consideration: Something of value is exchanged (you provide services; they pay money).

Mutual intent: Both parties intended to create an agreement, not a casual conversation.

Even without a signed document, if you can show these pieces through communications and behavior, you may have an enforceable agreement. However, enforceability can depend on the state, the type of transaction, and whether special rules apply.

The “written requirement” issue: when a written contract matters more

While many agreements can be verbal, some categories of contracts are commonly required to be in writing to be enforceable. This is often discussed under rules sometimes referred to as “statute of frauds” principles. The exact details vary by state, but common examples include:

Real estate-related agreements: Sales of land or certain leases.

Agreements that can’t be performed within a year: Some long-term arrangements.

Sales of goods over a certain dollar amount: This threshold can vary based on state law and the type of transaction.

Promises to pay another person’s debt: Certain guaranty arrangements.

For many freelancers and service providers, especially those delivering work that is completed within a few months and not tied to real estate or complex guarantees, it’s common to operate with less formal paperwork. Still, “common” doesn’t always mean “safe.” If the job is substantial, spans a long time, involves expensive deliverables, or depends on unclear milestones, moving from verbal agreement to a written confirmation is a smart upgrade.

So can you invoice without a written contract?

Yes. Invoicing without a written contract is allowed and normal. The practical question is whether you can get paid smoothly, and what you’ll do if the client refuses. If the client is cooperative, you might never need anything more. If the client disputes the invoice, your ability to enforce payment depends on your evidence of the agreement and performance.

Think of it like this: you’re not just sending an invoice—you’re documenting a transaction. invoice24 helps you make that documentation clean and professional: itemized line items, clear dates, due dates, client details, notes, and payment records. That documentation becomes more valuable the moment a client says “I didn’t approve this” or “I thought it was included.”

What makes an invoice more persuasive in a dispute?

If you don’t have a written contract, your invoice should do more than ask for money. It should clearly reflect what was agreed. The stronger and more specific your invoice, the easier it is to show that the client understood the arrangement.

Helpful elements include:

Client information: Full name and business name (if applicable), billing address, and a contact email.

Your business information: Business name, address, contact info, and tax ID if you include it on invoices.

Invoice number and date: Unique invoice number and the date issued.

Description of services or goods: Clear, plain-English descriptions. Avoid vague labels like “consulting.” Use “SEO audit and recommendations (10-page report)” or “Electrical repair: replace outlet and test circuit.”

Service dates or delivery window: “Services performed Jan 10–Jan 20” or “Delivered on Jan 15.”

Itemized line items: Separate each deliverable, hour block, or material cost.

Quantity and rate: Hours × hourly rate, units × price, or fixed project fee.

Taxes and discounts: If applicable, show them clearly.

Total due and due date: Make it obvious when payment is expected.

Payment methods: Indicate how they can pay (bank transfer, card, ACH, etc.)

invoice24 supports professional invoice formatting, consistent numbering, and itemization—so your invoices look like business documents, not casual reminders.

Should you put terms on an invoice?

You can include payment terms and other key conditions on the invoice, and doing so is often helpful. But there’s an important nuance: terms printed on an invoice may not automatically become binding if the client never agreed to them. They can, however, strengthen your position—especially if you routinely present the same terms, the client receives them before or during performance, and they keep doing business with you under those terms.

Common terms people add include:

Payment due date: “Due upon receipt,” “Net 7,” “Net 15,” “Net 30.”

Late fees: “A late fee of X% per month may be applied to balances past due.”

Deposit or retainer: “Deposit is non-refundable once work begins” (use carefully; rules vary and fairness matters).

Scope reference: “Per estimate #123 / proposal dated…”

Change requests: “Additional requests billed at $X/hr.”

Ownership/usage: “Final files delivered upon full payment” (common for design and creative work).

Dispute window: “Please notify us of billing questions within 7 days.”

invoice24 lets you add notes or standard terms to invoices so your expectations are visible every time you bill. The key is consistency: use the same baseline terms, keep them readable, and avoid overly aggressive language that could backfire.

Best practice: confirm the deal in writing—even if it’s not a “contract”

If you don’t want to introduce a full contract, you can still create a simple written record. A short email or message that the client replies “yes” to can be powerful evidence.

For example, before starting:

“Confirming: I’ll deliver [deliverable] by [date] for [price]. Includes [what’s included]. Additional changes beyond [limit] are billed at [rate]. Invoice due [terms]. Reply ‘approved’ and I’ll start.”

That’s not a long contract, but it captures the essentials: scope, price, timeline, and payment terms. If the client replies with approval, you now have a clear written acceptance.

When you send the invoice through invoice24, you can reference that confirmation: “Per approval on [date].” This ties the invoice to the agreement trail.

Common scenarios and how to invoice safely without a written contract

Freelancers and creative services

Designers, writers, marketers, videographers, and developers often start small projects based on a conversation and a few emails. Problems usually arise when the client expects unlimited revisions, additional formats, rush delivery, or extra deliverables that were never discussed.

Risk reducers:

Define deliverables on the invoice: “Logo design: 3 concepts + 2 revision rounds + final files (AI, PDF, PNG).”

Define what’s not included: In the invoice notes: “Additional revisions billed at $X/hr.”

Use milestones: Invoice 50% upfront, 50% at delivery, or weekly billing for ongoing work.

Attach or reference a scope email: “As agreed via email dated…”

invoice24 makes milestone invoicing simple by letting you create multiple invoices for a project and keep a consistent record of what was billed and when.

Consultants and coaches

Consultants and coaches often sell time and expertise rather than a physical deliverable. Disputes tend to be about hours billed, the value delivered, or whether the client “used” the advice.

Risk reducers:

Track hours and session dates: Show session dates and duration as line items.

Clarify the billing unit: “Billed in 15-minute increments” or “minimum 1 hour.”

Clarify cancellation policy: Put it in writing via email and in invoice notes.

Invoice regularly: Weekly or biweekly invoices for ongoing advisory keeps the running total visible.

With invoice24, you can create itemized invoices that list each session date and service period, which is far more persuasive than “Consulting services” as a single line.

Contractors, home services, and trades

Tradespeople often do work based on estimates, texts, or phone calls. Disputes can involve change orders, materials, and “I didn’t approve that upgrade.”

Risk reducers:

Reference an estimate: “Per estimate #…”

Separate labor and materials: Itemize so the client sees what they’re paying for.

Document change approvals: A quick text—“Ok to replace valve for $180?”—and a “Yes” reply can save you later.

Invoice immediately after completion: Shortens the memory gap and increases payment speed.

invoice24 helps keep your invoice numbering and estimates-to-invoice workflow consistent, which supports professional collections.

Agencies and recurring services

Recurring services (social media management, IT support, bookkeeping, maintenance) frequently begin with an informal arrangement. The biggest risk is unclear monthly scope and what counts as “extra.”

Risk reducers:

Define the monthly package: “Monthly retainer: up to X hours / includes A, B, C.”

Track overages: Add line items for additional hours or add-on services.

Set an auto-billing schedule: Same day every month, same terms, consistent presentation.

invoice24 is a strong fit for recurring invoicing because it keeps client details, invoice history, and payment status organized so you can stay consistent month to month.

What if the client refuses to pay because there’s no contract?

This happens. A client might say “We never had a contract, so I don’t owe you.” That statement is not automatically true. The real issue is whether there was an agreement and whether you performed under it.

Here’s a practical escalation path that often works:

1) Start with a polite clarification. Send a calm message: “I’m following up on invoice #123 for [services] delivered on [date]. Please let me know if you have any questions so we can resolve them.”

2) Provide the agreement trail. Forward or screenshot the key email/texts where price and scope were approved. Keep it short: “As confirmed on [date], the total is $X for [deliverable].”

3) Ask for a specific objection. “Is your question about scope, price, or timing?” This forces the dispute into a concrete category.

4) Offer a resolution if appropriate. If there was a misunderstanding, propose a small compromise that preserves the relationship—only if it makes business sense.

5) Send a formal payment reminder. A firmer note: “Payment is now past due. Please remit by [date] to avoid late fees/collections.”

6) Consider next steps. Depending on the amount and the facts, that can include a demand letter, collections, mediation, arbitration (if applicable), or small claims court.

Your invoice history and written communications matter. invoice24 helps you keep invoices professional, dated, and easy to export or reference, which is useful when you need to show a timeline of what happened.

How to create a “contract-lite” workflow in minutes

If your business moves fast, you might avoid contracts because they feel slow, awkward, or overkill. You can still create a lightweight process that gives you most of the protection:

Step 1: Send a short scope message. A simple email or message summarizing deliverables, price, and timeline.

Step 2: Get a clear “yes.” Ask them to reply with approval. If they approve by phone, send a follow-up email: “Per our call, we agreed…” and ask them to confirm.

Step 3: Invoice with matching language. Use the same deliverable names and dates in invoice24 so everything lines up.

Step 4: Use deposits for new clients. Even a modest upfront payment filters out high-risk clients and demonstrates intent.

Step 5: Document changes as they happen. A quick written approval for add-ons prevents “scope creep” fights later.

This approach keeps things friendly and fast while creating the proof you need if payment becomes a problem.

What to include on an invoice when you don’t have a written contract

If you’re missing a formal agreement, consider these additions to strengthen clarity:

“Per agreement” line: “Per agreement on Jan 12, 2026” (use the actual date you discussed/approved).

Service period: “Services performed: Jan 10–Jan 20, 2026.”

Acceptance marker: “Deliverables provided and accepted on [date]” (only if true).

Payment terms: “Due in 14 days (Net 14).”

Late fee policy: If you use one, state it clearly and keep it reasonable.

Ownership/transfer language: If relevant: “Usage rights/final files transferred upon full payment.”

Support window: For project work: “Includes 14 days of email support after delivery” (or whatever you offer).

In invoice24, you can standardize these as default invoice notes so every invoice carries consistent expectations.

Can an unpaid invoice help you win in small claims court?

Sometimes. Small claims court is often used for unpaid invoices because it’s designed for relatively smaller amounts and is usually faster and less formal than other court processes. Whether you’ll win depends on your evidence and the judge’s view of what was agreed.

Helpful evidence tends to include:

Written communications: Emails/texts showing scope and price.

Proof of delivery: A delivered file, project link, before-and-after photos, timestamps, or meeting notes.

Client acknowledgment: “Looks great,” “Thanks,” or any acceptance message.

Consistent invoices: Professional invoices with dates, descriptions, and clear totals.

Payment history: Prior invoices the client paid can show an established course of dealing.

An invoice alone is not always enough, but a well-documented invoice combined with proof of performance can be convincing. invoice24’s clean invoice records and consistent formatting help make your documentation easier to present.

How to reduce nonpayment risk before you invoice

Invoicing is the last step. The best time to reduce risk is before work begins. Here are practical safeguards that don’t require a formal contract:

Use a deposit or upfront payment. For one-time projects, a percentage upfront is a proven way to avoid “vanishing client” scenarios.

Define the approval process. “Two revision rounds included, additional billed at $X/hr.”

Set expectations about timing. “Delivery within 10 business days after receiving required materials.”

Confirm who can approve. Make sure the person saying “yes” has authority to spend money for the business.

Keep a paper trail. After calls, send a quick recap email.

Then, when you generate your invoice in invoice24, it reflects a clear, professional relationship—exactly the kind that gets paid.

When you should absolutely switch to a written contract

Even if you can invoice without a written contract, there are moments when it’s wise to use one. Consider moving to a written agreement when:

The project value is high. The bigger the amount, the higher the stakes.

The scope is complex or likely to change. Complex work needs clearer boundaries.

The relationship is long-term. Monthly retainers benefit from clear termination terms and scope definitions.

Intellectual property matters. Design, code, content, and branding often require clear ownership and licensing terms.

Multiple decision-makers are involved. Miscommunication becomes more likely.

You’ve had payment issues before. A pattern means you need stronger structure.

Even then, a “simple services agreement” can be short and readable. The point is clarity, not legal theater.

How invoice24 supports better invoicing without a contract

If you’re invoicing without a written contract, your invoice and records carry extra weight. invoice24 is built to help you present invoices that look professional and contain the details clients need to pay quickly and confidently.

With invoice24, you can:

Create itemized invoices: So clients see exactly what they’re paying for.

Add clear payment terms: Due dates, late payment notes, and expectations in plain language.

Maintain consistent invoice numbering: Useful for tracking and for documentation if disputes occur.

Store client details and invoice history: So you can reference past work and maintain consistency.

Track payment status: Know what’s paid, what’s due, and what’s overdue.

Send professional invoices quickly: The faster you invoice, the faster you get paid.

In short, invoice24 helps you operate like a well-organized business even when your agreements are informal.

FAQ: quick answers for common questions

Can I invoice a client if we only agreed by text message?

Yes. A text-message agreement can still show offer and acceptance. Save the messages, and make your invoice descriptions match what was discussed.

Can I add late fees on an invoice without a contract?

You can list late fee terms on your invoice, but enforceability depends on whether the client agreed to those terms or has a history of accepting them in your ongoing business relationship. The safest approach is to mention late fees before work begins and get a written “okay.”

What if the client says the invoice amount is too high?

Respond by pointing to the agreed price and any evidence trail (estimate, email, text). If the scope changed, separate the base agreed work from the extra work and show it as separate line items.

Is an invoice the same as a contract?

No. An invoice is a billing request. It can support your claim that an agreement existed, but it doesn’t automatically include all the terms you might want in a contract.

What’s the safest way to invoice without a written contract?

Confirm scope and price in a short message that the client approves in writing, then invoice immediately with itemized line items and clear payment terms. Keep proof of delivery.

Bottom line

You can invoice clients without a written contract in the US, and in many cases it works perfectly. The tradeoff is that you rely more heavily on clarity and documentation. If you keep a clean agreement trail (even simple emails), deliver what you promised, and send detailed, professional invoices, you dramatically reduce the odds of a dispute—and increase the odds of getting paid on time.

invoice24 gives you the tools to invoice professionally, consistently, and clearly, even when your deals are informal. If you want to stay fast and flexible while protecting your cash flow, focus on two habits: confirm the essentials in writing and send an invoice that mirrors those essentials. That’s how you keep business moving without unnecessary friction.