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Documentation If Your Debt Collection Case Goes To Trial

We covered the importance of a credit application in a previous article that can be found at Debt Collection Starts on the Front End.

There are other documents that you should make a part of your regular business process. Those include purchase orders, delivery tickets that the client signs upon delivery. Making your clients sign a document acknowledging delivery of the goods or services is a critical proof document that helps your case if it should go to trial.

The three things that we have to prove if the case goes to trial are :

1. Order
2. Delivery
3. Non-Payment

The three items above form what is known as as a prima facie case (Source: Wikipedia) for a debt collection action. In other words, this defines evidence that, unless rebutted, would be sufficient to prove the case in favor of the creditor. We will use the documents you provide and our witnesses to prove those three items at trial.

The good news is that most cases do not actually go to trial, but we always prepare for trial from the start in order to bring the full force of the law to bear, for our clients.