A company delivers products, issues the invoice and waits for payment. The customer responds that they did not order the entire quantity. In another hypothetical situation, they acknowledge the order, but claim that the agreed price was lower. Although both cases involve a disputed invoice, the decisive evidence may be different.
The goal is to reconstruct the transaction path: what was requested, what was accepted, what was delivered or provided, what price was agreed upon and when it had to be paid.
It starts with the concrete reason for the challenge
Ask the client to specify in writing what they are disputing. Is it the existence of the order, the quality of the service, quantity, price, or a payment already made? If they have only claimed part of the invoice, separate the amount discussed from the one you consider uncontested.
Compare the response with the documents and with any objections submitted previously. A concise explanation, accompanied by the relevant documents, may be more useful than repeated retransmission of the same invoices.
What documents can support the claim
A useful file can include the contract, the accepted offer, the order, the correspondence regarding the price and subsequent changes. For goods, check the delivery documents and the receipt confirmations. For services, activity reports, the delivery of the results, minutes and messages regarding their use or acceptance may be relevant.
Keep the invoice, proof of its communication, and the records of payments. If there were partial payments, check what obligations they were reported as relating to. Do not treat the mere existence of the invoice as a substitute for all other documents: the dispute may even relate to the operation that formed the basis for the invoicing.
When there is no signed contract, the correspondence, orders and behavior of the parties deserve to be analyzed together. The absence of a document alone does not tell the whole story of the commercial relationship.
How to prepare a payment request
A clear notice identifies the invoice, the amount requested, the service for which the payment is requested, and the contractual basis invoked. It can promptly respond to the client’s objections and indicate the documents that support your position.
Check the maturity date as well as the clauses regarding interest or penalties. Article 1535 of the Civil Code regulates default damages for monetary obligations, referring to the applicable conditions and, where appropriate, to the agreed or legal level. The actual calculation must be verified before being included in the claim.
What mistakes can weaken the case
Do not ignore a detailed objection regarding the quality of the work or the quantity delivered. Your documents must be linked to that defense, not just to the total value of the invoice.
Avoid mixing up several invoices without showing how you arrived at the requested balance. Also keep negative messages: a realistic assessment of the case depends on the complete picture, including any objections from the client.
If payment is not obtained amicably, the appropriate procedure and the necessary documents must be analyzed. The payment order requires the fulfillment of the conditions of Article 1014 and following of the Code of Civil Procedure. If the debtor’s defense requires evidence that cannot be administered in this procedure, a common law action may be necessary. A simple objection does not automatically preclude the payment order.
Frequently asked questions
Can I pursue a claim if the invoice is not signed? The situation must be evaluated based on the entire file, including the order, the communications and the evidence of delivery or performance.
Can I also ask about the costs of the delay? There may be accessory claims, but their basis and calculation depend on the contract and the applicable rules.
A legal consultation can clarify the strengths and vulnerabilities of the case before proceeding with the recovery process.
Legal references: Civil Code: Art. 1535; Art. 1014 et seq. of the Code of Civil Procedure.
See the services of the office: legal assistance in commercial matters. For an appointment, call 0732 710 701 or write to vreau@avocatbucuresti.ro.
