Such situations are not uncommon and are not hopeless, as they may initially seem.
It does not matter whether this concerns debt for delivered goods or completed works.
In most cases, professional assistance and an individual approach to each specific situation can help. This includes a thorough analysis of the issue, pre-trial work to collect the necessary evidence, and the preparation and filing of a lawsuit with the court.
Among the most common cases in this area that we have handled are:
Debt Recovery under Supply Agreements When Delivery Notes Were Not Signed
In such cases, one of the key points to be proven is the actual confirmation of delivery. This circumstance may, in particular, be proven by:
- facts confirming the transportation of goods (waybills, courier or postal delivery services such as Nova Poshta or Ukrposhta, route sheets when transported independently, etc.);
- the buyer’s conclusive actions, such as repeated advance payments on issued invoices, signing reconciliation statements, submitting purchase orders for delivery, providing guarantee letters, etc.;
- the reflection by the parties of tax consequences arising from the transactions.
The above circumstances do not constitute an exhaustive list of facts to be proven in this category of cases, as methods of proof may differ in each particular situation.
It should be noted that in the absence of properly executed delivery notes, proving only one of these circumstances is not sufficient. Their evidentiary value exists only in their entirety.
Debt Recovery under Foreign Trade Agreements
In such cases, the fact of delivery is confirmed by copies of shipping or title documents signed by the buyer or the carrier, such as CMR consignment notes, railway waybills, etc., one copy of which must be returned by the buyer to the supplier.
In many cases, buyers neglect this obligation, and suppliers fail to pay timely attention to it. As a result, when payment issues arise, suppliers may be left without evidence confirming the buyer’s obligation to pay for the goods or the due date of payment.
In such situations, it is possible to resolve the issue through court proceedings by first collecting the missing shipping documents from third parties and government authorities, as well as obtaining information confirming that the goods crossed the state border.
Our team has deep and successful expertise in handling cases with a foreign element, determining the necessary scope of evidence and collecting it, drafting and filing claims, and representing clients’ interests in arbitration courts of national or foreign jurisdictions.