The Power of Evidence: Why Solid Documentation is Your Best Ally in Debt Collection

Unpaid invoices are, unfortunately, a constant element of business reality. When a debtor delays payment, the first instinct is often to seek immediate legal solutions. However, before the case goes to court or a specialized debt collection agency, one thing is crucial: solid documentation. This is the foundation of every effective debt collection, regardless of whether we are talking about a domestic or foreign debtor, or a specific transportation industry.

At Egzekucja, with over 20 years of experience in recovering debts, we know that often the details decide on success or failure – and these details are usually found in documents. The lack of complete and correct evidence is a straightforward path to losing a claim, even if your case is fully justified.

Why is Documentation the Foundation of Success?

Imagine building a house without solid plans and permits. It's similar with debt collection. Documents are your "plans" and "permits" that confirm the existence of a debt, its amount, payment deadline, and the fact that a service was provided or goods were delivered. Without them, even the most experienced lawyer or debt collector has their hands tied.

• Legal Basis for the Claim: Every claim must have its basis in law. Contracts, invoices, protocols – these are the evidence of the transaction and its terms.
• Shortening the Process: When documentation is complete and organized, debt collection proceeds much more smoothly. You can quickly move on to amicable actions, and if necessary, effectively prepare a court lawsuit.
• Increasing Credibility: Clear evidence makes your claim indisputable. The debtor has fewer arguments to question the debt, which often prompts them to pay faster.
• Minimizing Costs: The faster and more efficiently the process goes, the lower the debt collection costs and potential court fees.

What Documents are Key and What Should They Contain?

Before you report a case to debt collection, make sure you have the following documents prepared:

• VAT Invoices / Receipts:

- Invoice number, date of issue, date of sale/service.

- Clearly specified amount of debt and currency.

- Payment deadline.

- Full details of the creditor and debtor (name, address, NIP/VAT ID).

- Description of goods/service.

• Contracts / Orders:

- Signed trade contracts, transport orders, orders.

- Terms of cooperation, including payment terms, contractual penalties, interest calculation rules.

- Party details.

• Delivery Evidence / Service Completion Confirmation (POD):

- Signed waybills (including CMR waybills for international transport).

- Receipt protocols, work reports.

- Email or written confirmations of service acceptance.

- Any reservations on the waybill or receipt protocol are crucial. If there are none, it is evidence that the service was performed correctly.

• Correspondence with the Debtor:

- Emails, letters, conversation protocols.

- All arrangements regarding payment, its schedule, or potential acknowledgment of debt.

- Payment demands.

Example: A transport company commissions the transport of goods. After delivery, the contractor does not pay. If the company has a signed contract, invoice, and a signed CMR waybill without reservations, the chances of quickly recovering the debt are very high. If the CMR signature is missing, the case becomes much harder to prove.

What to Do When Documentation is Incomplete?

The ideal situation is complete and flawless documentation. However, in practice, it's not always the case. Sometimes, one signature is missing, or another invoice is incomplete. In such cases, it doesn't always mean the end of the road to recovering the debt. Our experts at Egzekucja can:

• Analyze alternative evidence: Sometimes, the lack of a formal document can be supplemented with other evidence, e.g., email correspondence, advance payment receipts, or third-party testimonials.
• Indicate the best course of action: Even with incomplete documentation, appropriately chosen amicable or legal actions can be effective.
• Prepare a strategy minimizing risk: We assess how strong your position is and what risks the gaps in documentation pose, presenting real chances of success.

Trust the Experts in Debt Collection

Remember, the key to effective debt collection is not only having documents but also their correct interpretation and skilled use in the process of recovering debts. This requires experience, knowledge of law (including the CMR Convention for transport), and court procedures – both domestic and international.

At Egzekucja, we offer comprehensive support in analyzing your case and documentation. We work on a success fee model, which means you only pay for the effect. By entrusting us with your case, you gain the certainty that your claim will be treated professionally, and the available evidence will be used in the most effective way.

Don't let a lack of knowledge or incomplete documentation prevent you from recovering the money you're owed.

Contact us for a free analysis of your case – together, we'll evaluate your documentation and present a plan of action.