How to collect on an obligation when you don’t have the invoices? Alternative documents to prove debt in Colombia

In the context of debt collection, an invoice is one of the most commonly used documents to support an obligation. However, there are cases where the creditor does not have the original invoices or, for various reasons, they were not issued or preserved. In these situations, it is essential to know what other documents can serve as evidence of a debt and what legal actions can be taken to guarantee its recovery.

In this article, we will explore what to do if you do not have the invoices to collect a debt, what other documents can be used as enforceable titles, and how to proceed legally to enforce the right to payment.

Is it possible to collect a debt without the original invoice?

Yes, it is possible. While an invoice is strong evidence, it is not the only document that can be used to prove the existence of an obligation. In Colombia, the General Code of Procedure (Law 1564 of 2012) establishes that debt collection can be based on other documents that prove the existence of a contractual relationship and the obligation to pay.

The success of a claim will depend on the nature of the debt, the existence of alternative documents to support it, and the ability to demonstrate that the debtor effectively received goods or services and had an obligation to pay for them.

Alternative documents to the invoice to collect a debt

If you do not have the original invoice, you can use the following documents as proof of the debt:

1. Contracts and written agreements
Sales contracts, service agreements, or supply agreements are essential documents that can serve as proof of a business relationship and the obligation to pay. If the contract includes clear clauses on the terms of payment and obligations of the parties, it may be sufficient to claim the debt in court.

2. Promissory notes and bills of exchange
Promissory notes and bills of exchange are securities that contain a clear and enforceable promise to pay. They are documents with executive force, which means they allow you to initiate an executive process directly without requiring prior judicial recognition of the debt.

3. Purchase orders and emails
If there are purchase orders, emails, or any written communication in which the debtor has requested goods or services and has accepted their delivery, these documents can serve as proof of the obligation.

In Colombia, emails and digital messages can be considered documentary evidence as long as they comply with the requirements established in Law 527 of 1999 on electronic commerce.

4. Account statements and bank statements
If the debtor made partial payments or received goods or services without having paid for them in full, account statements or bank statements can show that a business relationship existed.

A document reflecting partial payments or debits in a debtor’s account in favor of the creditor can be used as evidence of the existence of the obligation.

5. Signed delivery and consignment reports
Delivery reports, consignments, and merchandise receipts signed by the debtor are documentary evidence that the debtor received the goods or services. If a customer signed a product receipt document and then did not pay for them, that document can support a collection lawsuit.

6. Electronic invoices in databases
If the original invoice cannot be physically located but was electronically generated and registered on the DIAN’s invoicing platform, it can be retrieved and used as evidence in a legal proceeding.

How to proceed legally to collect the debt without an invoice?

If you have any of the mentioned documents, you can opt for the following strategies to recover your portfolio:

1. Out-of-court conciliation
Before initiating a legal process, it is recommended to attempt a conciliation with the debtor. A signed payment agreement at a conciliation center or before a notary can serve as an enforceable title and expedite the recovery process.

2. Executive process with a non-negotiable title
If the document supporting the debt is not a security (such as a promissory note or bill of exchange) but proves the obligation to pay (such as a contract or an accepted purchase order), you can file an executive lawsuit with a non-negotiable title. In this case, the judge will analyze the validity of the document and may order the seizure of the debtor’s assets or accounts.

3. Ordinary process of debt recognition
If there is no enforceable title but sufficient evidence to prove the debt, an ordinary lawsuit can be filed for a judge to recognize the obligation. This process is longer than an executive process but allows the debt to be recovered when there is no document that meets the enforceability requirements.

4. Preventive seizure to secure payment
If there is evidence that the debtor could hide assets or dispose of their patrimony to evade payment, a precautionary seizure measure can be requested. This allows for the immobilization of bank accounts or assets of the debtor while the judicial process is resolved.

Conclusion

While an invoice is one of the most commonly used documents to support a debt, it is not the only means of evidence available to demand payment of an obligation. Multiple documents exist, such as contracts, promissory notes, emails, consignment reports, and account statements, which can be used to demonstrate the existence of a commercial relationship and justify a collection lawsuit.

At Trébol Jurídico, we have the necessary experience and knowledge to advise companies on the recovery of overdue accounts receivable, even in cases where the original invoices are not available. Our team analyzes each case individually to determine the best legal strategy and ensure that our clients recover their money efficiently and in accordance with the law.