Proof in a Debt Action

A claim being genuine and proving it in court are different stages. Who must prove each fact and which evidence may be used depend on the transaction and allegations. Signed documents, bank records, electronic correspondence, and witnesses may have different evidentiary functions.

First Identify the Facts to Be Proved

Contract formation, payment, delivery, maturity, and extinguishment are different facts. Each document may support only one. A transfer receipt may show movement of money while its loan purpose remains disputed. Payment or set-off defences must be examined on their own grounds. An evidence plan should precede an unrelated pile of documents.

The Nature of Documents and Electronic Records

Articles 190 et seq. of the Code of Civil Procedure govern burden of proof, proof by instrument, and exceptions. Electronic data may constitute documents, but not every screenshot equals a signed instrument. Full context, party identity, and original records must be preserved. Generalisations that witnesses suffice for every amount or that oral agreements can never be proved are incorrect.

The Procedural Timetable and Access to Evidence

When documents must be submitted and which records can be requested from the opponent or institutions should be planned initially. Existing records should be preserved instead of unlawfully gathering new data. Complete copies and translation needs for foreign-language documents must be assessed. We show the allegation-document match, gaps, and opposing objections in writing without requesting unnecessary personal data.

Documents That May Be Prepared for the Initial Review

• Original contracts and annexes
• Complete correspondence records
• Bank and delivery records
• Earlier statements and petitions

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.