“The Client Vanished — Now What?” How to Handle Breach When They Disappear

By Jesse David Eisenberg, Esq. | JDE Law Firm, PLLC

You sent the invoice. They confirmed they got it. Then… nothing.

No payment. No call. No response. The client has vanished — and your cash flow is stuck in limbo.

This isn’t just a nuisance. It’s a legal problem. And the longer you wait, the more rights you may lose.

Why “Ghosting” Becomes a Breach

Silence isn’t neutral in business. If your agreement required payment by a date — and they missed it — they’ve breached. But proving it, enforcing it, and collecting on it all depend on your next steps.

What to Do Immediately

• ✅ Document the silence: Save every unanswered email, voicemail, and text. Courts don’t take your word — they want receipts.
• ✅ Check the contract: Is there a notice provision? A late fee? A mediation or venue clause? You may have more power than you think.
• ✅ Confirm last known contact info: You may need to locate them for process service.

Legal Tools When They Disappear

🔍 Demand Letter

A well-drafted demand from counsel gets attention — especially when it’s the first formal step toward litigation.

📑 Lawsuit for Breach

Filing a suit, even without their participation, preserves your rights and can lead to default judgment. In NY and NJ, most breach claims must be filed within 6 years — but oral or quasi-contract claims may have much shorter limits.

📌 Mechanic’s Lien or UCC Lien (if applicable)

If you provided services or goods, these legal tools can secure your interest while you pursue payment.

📬 Skip Tracing and Service by Alternate Means

If they’ve truly gone dark, courts allow creative service — including publication or social media — in certain cases. But you must first show due diligence.

What NOT to Do

• ❌ Don’t send threatening emails or texts — they can hurt your case later.
• ❌ Don’t assume suing is hopeless — often, the assets are still there even if the person isn’t.
• ❌ Don’t wait 6–12 months. That delay can kill your leverage.

Business Ghosting Is a Legal Emergency

Too many businesses eat the loss or try to chase it down on their own — and by the time they call counsel, it’s too late.

If a client, vendor, tenant, or contractor has disappeared after breaching an agreement, don’t wait.

My business is to protect your business.