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Why it is essential to obtain proof that your invoice has been received

When a disagreement on an invoice arises between traders, it is important to dispute this invoice quickly in writing. Otherwise, the debtor’s silence may be interpreted as acceptance of the invoice.

The creditor who wants to prove the tacit acceptance of the invoice by the debtor may do so, by invoking the principle of ‘lack of dispute’ of the latter within a reasonable time, and therefore provide proof of sending their invoice, especially if the debtor pretends that the invoice was not sent.

However, when the debtor denies having received the invoice (even though the creditor can prove that they have sent it), the creditor will also have to prove receipt of the invoice by its debtor. This is in fact the teaching of the Court of Cassation (Cass., 8 novembre 1991, Pas., 1992, I, p. 192).

Requesting a stamp or a handwritten annotation formalizing the receipt of the invoice, or even resorting to acknowledgments of receipt of emails or registered letters is therefore more than advisable.

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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