How Long Does a Client Have to Pay a Freelancer in California?
Running visual media production without a contract in California is high risk. SB 988 mandates written terms for visual assets over $250. Use this commercial template to ensure you keep RAW rights until paid.
California SB 988 · Effective Jan 1, 2025
SB 988 Case Analysis
See How SB 988 Plays Out in the Real World
Understanding the law is one thing — seeing how it applies in actual disputes makes it real. Here's a scenario that mirrors the situation on this page.
Case Study: The 45-Day Payment Delay That Cost a Client $6,800
🏢 Client
E-commerce startup, San Francisco
👤 Freelancer
Freelance copywriter, 5 years experience
What Happened
A copywriter delivered a complete product description package on March 1st and submitted an invoice the same day. The startup acknowledged receipt but did not send payment until April 15th — 45 days after invoice submission. The written contract existed but contained no specific payment date.
SB 988 Violation Found
SB 988 § 4(a) — Payment Within 30 Days of Invoice
When no payment date is specified in the contract, SB 988 defaults to 30 calendar days from invoice submission. Day 31 onwards, the client is in statutory violation. A vague contract clause like 'payment upon completion' does not override the 30-day default.
Legal Outcome
Statutory Damages
$6,800 (2× the $3,400 invoice under SB 988 double-damages rule)
What Happened
The copywriter sent a formal SB 988 demand letter on day 46 specifying the exact double-damage amount. The client settled for $6,800 plus $600 in legal drafting fees within 10 days.
Key Takeaway
Always add a specific payment date to your contract — 'Net 30 from invoice date' removes all ambiguity. If payment is already overdue, send a formal demand letter immediately; it often triggers same-week settlement.
Don't let this happen to you.
Use our free tools to protect your rights under California SB 988.
Know the Law
California SB 988 — Plain English
Written contract is mandatory
Any California freelance engagement worth $250 or more — individually or cumulative within 120 days — must have a written contract. An email chain counts only if it specifies parties, services, rate, and payment date.
30 days to pay, no excuses
Once you submit an invoice, the client has 30 calendar days to pay — unless your written contract specifies a different date. There is no grace period. Day 31 onwards, double damages begin accruing.
Late? You owe double.
If payment is late, the contractor is entitled to damages equal to the full unpaid amount — effectively doubling what the client owes. Plus reasonable attorney fees and court costs. This right cannot be waived by contract.
🔥 If they're 30+ days late, this is your move
Step 1 → Generate a formal SB 988 demand letter (states exact double-damage amount + 10-day response window).
Step 2 → If no response, file in California Small Claims Court (up to $12,500, no lawyer needed).
Step 3 → Present the demand letter as evidence — judge awards double damages automatically under SB 988.
Sample Language
Photography Services Contract Template Preview
If a client is using your images in live marketing campaigns but ignoring your invoice, they are violating both Copyright Law and CA SB 988. Lock down your rights.
COMMERCIAL PHOTOGRAPHY & VISUAL MEDIA AGREEMENT ================================================== This Visual Media Production Agreement is drafted in strict accordance with California SB 988 guidelines. 1. PARTIES: - Media Provider: [Your Name / Photography Studio] - Client: [Client Agency / Brand Name] 2. SCOPE OF PRODUCTION & RAW ASSETS: - Scope: Commercial Photography, Video Editing, and Creative Asset Delivery. - RAW Files: RAW Deliverables remain exclusively locked under the photographer's copyright until the Client settles 100% of the agreed compensation. 3. PAYMENT STRUCTURE: - Contract Value: $[Enter Amount] - Settlement Window: Client must settle all outstanding invoices within 30 days of final visual media watermarked delivery. 4. STATUTORY ENFORCEMENT & DOUBLE DAMAGES: - Continued commercial usage of delivered assets during an active payment default constitutes a willful violation of CA SB 988, rendering the Client liable for double statutory damages and collection costs.
Pricing
Choose Your Credits Pack
Credits work across all features — use them for Q&A, document drafting, contract generation, and dispute plans.
Starter credits pack
For occasional legal questions or quick clause explanations. About 40 Q&A calls, 20 dispute plans, or 13 document drafts.
40 credits
Popular credits pack
Best value for individuals and small teams. About 150 Q&A calls, 75 dispute plans, or 50 document drafts.
150 credits
Pro credits pack
Designed for heavy users such as lawyers, founders, or HR teams. About 360 Q&A calls, 180 dispute plans, or 120 document/contract drafts.
360 credits
Credits work across all features; each call deducts 1-3 credits based on complexity.
FAQ
Frequently asked questions
- Is the 30-day payment rule the same for all freelance work in California?
- Yes, unless the written contract specifies a different date. But that date cannot be used to waive the contractor's statutory rights under SB 988.
- Does the 30-day clock start from when work is done or when invoice is sent?
- It starts from the date the freelancer submits the invoice, not the project completion date — unless the contract specifies otherwise.
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