How can a commercial debt be recovered?
The first step is to review the contract, invoices, due date and evidence of performance. Depending on the documents and the debtor’s position, recovery may involve negotiation, formal notice, a payment order, ordinary proceedings or, where the legal conditions are met, insolvency proceedings.
Is an invoice sufficient to obtain payment in court?
Not in every case. The invoice must be reviewed together with the contract, proof of delivery or performance, acceptance and any objections raised. Where performance is disputed, additional documents, expert evidence or other proof may be required.
What happens when supplied goods or services are non-conforming?
Non-conformity should be notified and documented carefully. The contract, technical specifications, reports, photographs, correspondence and specialist analyses may be relevant. Depending on the circumstances, remedies may include repair, replacement, price reduction, termination or damages.
What is a payment order?
A payment order is an accelerated procedure for recovering certain contractual claims that meet the statutory requirements. Where the existence or amount of the obligation requires complex evidence, the dispute may need to be determined in ordinary proceedings.
Can a payment order be challenged?
Yes. The debtor may raise defences during the procedure and may use the statutory remedy against an order that has been issued. The documents should be reviewed immediately because procedural deadlines depend on service of the judgment.
Can insolvency proceedings be used to recover a debt?
Insolvency does not automatically replace commercial litigation. The creditor must meet the statutory requirements concerning the claim and the debtor’s state of insolvency. A petition used solely as pressure may be challenged where the claim is disputed or the procedural conditions are not met.
Can commercial litigation be avoided?
In many cases, yes. Early legal review may allow the parties to renegotiate obligations, agree a payment schedule, terminate the contract in a controlled manner or conclude an enforceable settlement.
Which documents are needed for the initial review?
Relevant documents include contracts and schedules, invoices, purchase orders, proof of delivery or performance, reports, notices, correspondence, technical documents and any papers received from a court, enforcement officer or insolvency practitioner.