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MSME Payment Stuck? Your Legal Weapons

Client not paying? As an MSME you have real legal weapons — the 45-day rule, statutory interest, MSME Samadhaan and more. Use them in this order.

6 min read · Plain-language guide

🇮🇳 यह गाइड हिंदी में पढ़ें →

1. Check if you’re registered as an MSME (Udyam)

Your strongest weapons need Udyam registration. It’s free at udyamregistration.gov.in and takes minutes. If you’re not registered, do it today — protection generally applies to supplies made after registration.

2. Know the 45-day rule

Under the MSMED Act, a buyer must pay an MSME within the agreed credit period, which cannot exceed 45 days from acceptance of goods/services. Beyond that, the law is on your side — automatically.

3. Let the interest clock work for you

Delayed payments to MSMEs attract compound interest at 3× the RBI bank rate — whether or not your invoice mentions it. Calculate it and quote it in your follow-ups; buyers take the conversation differently when the number is on the table.

4. Send a structured demand

A dated written demand: invoice list, amounts, days overdue, the interest computation, and a clear deadline (7–15 days). Courteous but precise — send by email plus a traceable mode and keep proof.

5. File on MSME Samadhaan

samadhaan.msme.gov.in — the government’s delayed-payment portal. Your case goes to the Micro & Small Enterprises Facilitation Council (MSEFC): conciliation first, then arbitration. Filing itself often unlocks payment; buyers dislike appearing before the Council.

6. Keep the parallel tracks in mind

Bounced cheque? The Section 138 route runs on strict clocks — see our cheque bounce guide. Larger dues can also justify a civil recovery suit or, in genuine insolvency situations, other remedies — take advice before spending on litigation.

Good to know: Buyers face a tax disincentive too — payments to MSMEs outstanding beyond the legal limit can be disallowed as a deduction until actually paid. Mentioning this, politely, concentrates minds in your client’s accounts department.
Disclaimer: This guide is general information, not legal advice. Laws and procedures vary and change over time — for your specific situation, generate your resolution path or consult a verified expert.
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