Home > Managing Disputed Invoices: Proof of Receipt is Crucial

Managing Disputed Invoices: Proof of Receipt is Crucial

Quick Dispute and Tacit Acceptance

When a disagreement regarding an invoice arises between businesses, it is crucial to dispute it promptly. If not done, the debtor’s silence may be interpreted as acceptance of the invoice

Proof of Sending and Tacit Acceptance

The creditor wanting to prove their debtor’s tacit acceptance of the invoice must provide evidence of sending the invoice, especially in cases where this point is disputed.

Importance of Proving Invoice Receipt

However, if the debtor disputes having received the invoice (even if the creditor can prove they sent it), the creditor must also prove the debtor’s actual receipt of the invoice. The Supreme Court has confirmed this interpretation (Cass., 8 November 1991, Pas., 1992, I, p. 192)

Proof of receipt, therefore, becomes an essential element in the event of a dispute.

How to Ensure and Prove Invoice Receipt?

To ensure the receipt of invoices and be able to prove it in case of a dispute, it is highly recommended to request a stamp or handwritten annotation confirming receipt of the invoice or to use email read receipts or registered mail. This approach will secure transactions between businesses and minimize the risks of disputes related to invoice receipt.

Meet the author

Aurore DURAND

Aurore Durand holds a master's degree in private law with distinction from the Université Libre de Bruxelles. She has been a lawyer at the Brussels Bar since October 1, 2018.

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