There are two reasons to go to court for an outstanding invoice. For example, you can go to court if the extra-judicial process has not yielded any result. But you can also go to court if your debtor disputes the invoice because he feels that goods or services have not been delivered properly.
Unsuccessful extra-judicial process
In the extrajudicial phase (also known as an amicable phase), a collection agency or debt collection lawyer contacts your customer to remind your debtor to pay. However, it is possible that a debtor continues to refuse to pay the outstanding invoice despite the reminders. In that case, it is possible to go to court. The case is submitted to the court, which then gives an opinion on the collection case. The court can then order your debtor to pay the claim.
Going to court with a disputed claim
In disputed cases, your debtor does not agree with your invoice because they believe that goods or services have not been delivered properly. According to your debtor you have failed to comply with certain agreements, so they do not intend to pay the outstanding invoice. Whether this debtor is right with his claims or not, the fact remains that there is discussion about the invoice. In that case, you can go to court to decide on the payment dispute. The judge then examines the arguments of both parties and rules which party is in the right.
Court procedure with unpaid invoices
When you start litigation against your debtor, multiple legal procedures are sometimes possible. It is different for each situation which legal procedure is most effective. Moreover, each country has a different legal system with different procedures. A lawyer can give you advice on which legal proceedings can best be followed if your debtor does not pay.
More information about judicial collection
Do you have questions about this subject or do you want to initiate legal proceedings against your debtor? Get in touch. Our debt collection lawyers are happy to help.
