To legally claim a debt from a customer for non-payment, it is important to have all the documentation ready.
We’ve all been there: you work, deliver the order, issue the invoice… and the customer doesn’t pay. At first, you think it’s just a simple delay, but the weeks go by, your calls go unanswered, and your emails are never replied to. Then comes that awkward moment when it’s no longer a matter of negotiating, but of deciding whether to take the matter to court.
And this is where many business owners get a surprise: it’s not enough to be right, you must be able to prove it. The judge doesn’t know the story; they only see papers. That’s why it’s so important that, before filing a lawsuit, we gather everything that proves that the transaction took place, that we fulfilled our part, and that the other party simply didn’t pay.
In other words: justice isn’t won with memory; it’s won with documents.
What you must always include in your dossier
1. Documents proving the transaction
Have the order, contract, signed quote, or, if none of these exist, any email or document confirming that the customer accepted the transaction. Signed delivery notes are invaluable in these cases, as they show that the product or service was delivered without dispute.
If there was a problem with the quality or quantity, keep proof that it was resolved. The judge wants to see that everything has been settled.
2. Invoices and evidence of non-payment
The invoice is the basis of everything. Accompany it with proof that payment was never received: the empty bank statement, the returned promissory note, the rejected check…
In the case of bills, checks, or promissory notes, keep the protest or substitute declaration. These are the ways to prove that they were not actually paid.
3. Previous claims
Before filing a lawsuit, show that you tried to resolve the issue. Emails, certified letters, and even letters sent by a lawyer count for a lot. It reassures the judge to know that litigation was not the first option, but the last.
4. Information about the debtor
Before spending money on lawyers and fees, it is worth finding out whether it is worthwhile. Does the debtor have any assets? Are they in bankruptcy? Are they still in business? Requesting a credit report can save you from a futile lawsuit.
Suing someone who has nothing to seize is usually a bitter victory.
5. Prepare the type of lawsuit
With the right documentation, your lawyer will be able to take the fastest route: a small claims lawsuit (for invoices, contracts, delivery notes) or a bill of exchange lawsuit (for checks, promissory notes, or bills). If the file is in order, the judge will have no trouble admitting it.
6. VAT on unpaid invoices
Although it hurts, the VAT on the unpaid invoice has also been declared. But there is some relief: if you meet the deadlines and file a formal claim, you can recover it. However, don’t let it slip by because the deadlines are strict.
You can contact this professional firm for any questions or clarifications you may have in this regard.
For more information, consult Legal Advice
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