Category Archives: Debt Recovery

Debt collections/debt recoveries for goods or services provided

One of the common cause of litigation is debt collections/debt recoveries for goods and services provided.

This usually arises when one party has provided goods and services to the other party and the later has failed to pay the earlier for the said goods and services provided.

The common question asked by the aggrieved party is what are the documents that they need to furnish it to the lawyers to prove its claim or is the document that they have is good enough.

Facts in issues to need to be proved for debt collections/debt recoveries for goods or services provided

Legally speaking, debt collections/debt recoveries for goods or services provided is still an action based on breach of contract and accordingly the aggrieved party will have to prove the followings to the Court in order to succeed in its claim:-

  1. the existence of a contract;
  2. the terms of the contract;
  3. that the aggrieved party has perform its or his part of the contract;
  4. the other party has failed to perform its or his party of the contact; and
  5. the aggrieved party has suffered loss/damage as a result of the failure of the other party to perform his part of the contract.

pastdue

The documents required for debt collections/debt recoveries for goods and services provided

To prove the above, usually the lawyer will ask for the following documents bearing in mind the list is not exhaustive:

  1. Purchase Order;
  2. Delivery Order;
  3. Invoices issued; and’
  4. Monthly Statement of Account.

If all the above documents are clear and in good order, usually the lawyer will advise to proceed with a summary judgment under Order 14 Rules of Court 2012 as oppose for a full trial in an action for debt collections/debt recoveries for goods and services provided.

 

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