Legal Insights — EN

Can I Commence Enforcement for an Unpaid Invoice?

Learn how to prepare delivery, contract, and payment records before enforcing an invoice, and the risk of objection.
An invoice, delivery and account records, and an enforcement application slot

Documenting Claims and Evidence

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Documenting Claims and Evidence

An unpaid invoice may be enforced without a judgment, but its existence does not conclusively prove debt. If the debtor objects, the contract, delivery, or service performance becomes relevant. Failure to object to an invoice should not be treated as conclusive delivery proof in every case.

The initial file should include order or contract, dispatch note, delivery report, service acceptance, and bank movements together. An electronic invoice and actual delivery evidence answer different questions. Returns, discounts, allocations, and part payments require updating the amount. Changed company names or group-company correspondence make correct identification especially important.

Check maturity and interest before enforcement. If objection requires commercial litigation, assess mandatory mediation and the competent court. Not every invoice follows the same route and proof regime. Competence or arbitration clauses and foreign connections may require separate examination.

Match every invoice to order, delivery, and payment records, separating returns and deductions. Check the amount's basis, correct debtor, and suitable route before applying.

Legal Grounds