There are two main reasons to take an outstanding invoice to court. You can go to court if the extrajudicial, or out-of-court, process has not produced satisfactory results. You can also take your claim to court if the debtor is disputing the invoice. This can occur if they claim that promised goods or services have not been delivered as agreed.
Unsuccessful Extrajudicial Process
In the extrajudicial phase, a collection agency or debt collection lawyer will contact the debtor to organise and ensure payment. However, a debtor may keep refusing to pay the outstanding invoice, in spite of reminders. In this case, court may be your best option. After deciding on this action, the case is submitted to the court. The court can give an opinion on the collection case and then order your debtor to pay.
Going to Court with a Disputed Claim
Your debtor may dispute a claim, which means they do not agree with your invoice. They might believe that goods or services haven’t been properly delivered. According to your debtor, you have failed to comply with certain agreements, so they refuse to pay the outstanding invoice. Whether the debtor is right to dispute your claim or not, will be settled in court.
Legal Procedures on Unpaid Invoices
Sometimes there are several possible legal proceedings you can start against your debtor. Finding the most effective procedure for you depends entirely on your situation. Also, it’s important to remember that every country has different legal systems with distinct procedures. A lawyer can give you advice on which actions or legal proceedings will work best for your situation.
Do you have questions on this topic? Do you want to pursue legal action? Contact us! Our debt collection lawyers are happy to help you and will work hard to get your invoice paid.