Assessing claims, evidence and defences
I first assess the basis, amount and due date, reviewing the contract, performance, invoices and payments. Defects, set-off and other defences matter equally. A clear invoice alone does not prove the entire underlying claim.
Economical enforcement also requires assessing proof, limitation and likely recovery. I explain out-of-court demands, payment order proceedings and litigation, choosing the route for the facts.
From an enforceable title to actual payment
A judgment or settlement does not always resolve matters in practice. I examine suitable enforcement steps and requirements. The title’s terms determine who can be pursued and for which obligation.
Payment plans clearly specify instalments, due dates and consequences of further default. If a claim is made against you, I assess defences to raise in time. Court documents should not be ignored.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Provide contracts, order confirmations, invoices, proof of performance, payments and correspondence. Include all served court papers. Enforcement requires particular attention to the title, enforceability endorsement and previous measures.
Frequently asked questions
Does the payment order court verify the claim’s merits?
A payment order does not confirm the claim’s substance. Even if disputed, it must be taken seriously and available responses considered in time.
Does a judgment against one person cover everyone involved?
A title does not automatically bind people against whom it was not issued. For return of property or eviction, identify who actually possesses the premises and who must be named in a title.