In a business collections lawsuit, you’ll need certain evidence in order to win a judgment. Having the right records is crucial. This article will discuss what issues you’d need to prove and the business records you’d need to prove them.
Business Collections Litigation — What You Need To Prove
Business collections lawsuits normally allege a breach of contract, meaning the customer had a contractual duty to pay you and failed to do so. To win a judgment, you’d need to establish that a contract existed, that you performed and the customer did not.
To prove a contract existed, you’d want to show that you agreed with the customer to provide certain goods or services, and agreed on essential terms like price and quantity. To prove your performance and the customer’s breach, you would show that you provided the goods or services ordered, that you billed the customer, and it didn’t pay.
Business Collections Litigation — How To Prove Your Case
As a general rule, sales contracts must be in writing. Service contracts can be oral, but oral contracts are still hard to prove. The best way to prove a contract in litigation is through a written agreement, or through other records like purchase orders, sales quotes and confirmations, and correspondence.
In an uncontested lawsuit, you could simply allege performance by saying you delivered the goods or services. But in a contested lawsuit where the customer challenges that, you could produce proof of delivery, a bill of lading, or email exchanges showing you performed.
Next, you’d want to allege that you billed the customer and it didn’t pay. When you file your Complaint, attach the invoices and a balance statement as exhibits. Once you establish the right to payment, the customer has the burden of proving it paid.
Finally, whenever you discuss an issue you may need to prove later, send a contemporaneous email and keep copies of the exchanges. This will show, for example, if the customer previously admitted the debt, or if it’s now claiming a defense it never raised before.
In business collections litigation, knowing what issues you’d need to prove, and keeping the records to prove them, are essential to winning a judgment.
For more information on business collections, or if you’d like to discuss a specific collection issue, call me at 856-667-1669 or contact me here.
This material is for informational purposes only and should not be construed as legal advice. No person should rely on this information without seeking the advice of an attorney.