Bayan Legal Consultancy FZC

Which documents actually support a debt claim

Not every document in the file carries the same weight. A short guide to what makes a claim provable in practice.

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Start with what the claim needs to prove

A debt claim generally needs to establish three things: that an agreement existed, that you performed your side of it, and that a specific amount fell due and remains unpaid. Every document in the file is useful only to the extent that it supports one of those three points.

The agreement

A signed contract is the clearest evidence, but it is not the only one. A purchase order, an accepted quotation, or an exchange of emails setting out price and scope can establish the same thing. What matters is that the terms are identifiable and that the other party's acceptance can be shown.

Performance

This is where many files are weak. Invoices prove that you asked for payment; they do not prove that you delivered. Delivery notes signed by the recipient, completion certificates, timesheets acknowledged by the client, or correspondence in which the other side refers to the goods or services received are usually more persuasive than the invoice itself.

The amount outstanding

A statement of account that reconciles invoices, credit notes and payments received is more useful than a bundle of invoices alone, because it answers the obvious question: what has already been paid. Where part-payments have been made, they often help — a payment against an invoice is difficult to reconcile with a claim that the invoice was never accepted.

Acknowledgements are valuable

An email saying "we will settle this next month", a signed reconciliation, or a cheque issued against the balance can be worth more than the underlying paperwork, because it removes the argument about whether the debt is owed and leaves only the question of when it will be paid.

A practical checklist

Before opening a recovery file, gather: the contract or purchase order; all invoices; a reconciled statement of account; proof of delivery or completion; correspondence with the debtor; any cheques; and any acknowledgement of the balance. Gaps are not fatal, but they should be identified at the start rather than discovered later.

The information on this website is provided for general information only and does not constitute legal advice. Submitting a form does not create a consultant-client relationship.

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