Receiving a lawsuit claiming a debt is a stressful situation for any company or self-employed individual. But the situation becomes outrageous when you are asked to pay for services that were never rendered or for work that doesn't exist, relying solely on unilaterally issued invoices.
En FA Lawyers we recently defended a company that was being sued 5,294.60 euros. The claimant alleged non-payment, but we demonstrated that issuing an invoice is not enough to demand payment if there is no actual work behind it. Today, we'll explain how we won the case.
The dispute: A claim based on «wet paper»
Our client, a limited company, was sued by another company demanding immediate payment for several supposedly unpaid invoices. The total amount came to almost €5,300.
The opposing party presented as their sole evidence the commercial contract and the invoices they themselves had generated. Their stance was simple: «Here are the invoices, so you have to pay me.» However, our client knew the truth: that work had not been carried out or did not correspond to reality.
Our strategy: Dismantle the unilateral bill's value
Our defence in the trial focused on a key legal principle: the burden of proof. We strongly opposed the claim by arguing three vital points:
- We deny the reality of jobs: «It's not enough to say you worked, you have to prove it.».
- We question invoices: An invoice is a private document created by one party. If the other party (our client) denies it, the invoice alone loses its evidential value if it is not accompanied by delivery notes, work orders or communications demonstrating the service.
- We demand real proof: We challenge the opposing party to demonstrate that they had indeed fulfilled their part of the contract.
The court accepted our argument. As the ruling rightly pointed out, given our refusal, it was up to the claimant to prove that the service had been provided. And they couldn't do that.
The result: Full acquittal and costs awarded.
The Court of First Instance No. 08 of Madrid handed down a judgment dismissing the claim against our client in its entirety. The success was resounding:
- Debt written off Our client does not have to pay a single euro of the €5,294.60 claimed.
- No sign of work The judge confirmed that «there is no proof of work carried out, beyond the mere assertion of the plaintiff».
- Condemnation and costs Having lost the case entirely, the opposing party was ordered to pay the legal costs (solicitor and barrister fees). For our client, defending themselves was «free of charge».
Many companies pay unfair invoices out of fear of going to court or because they believe an invoice is a sacred and irrefutable document. This is not the case. If you are being asked to pay a debt for a service you did not receive, do not give in.
En FA Lawyers We know how to protect your assets and demand that truth be respected in the courts. If you have a pending claim, contact us and let us analyse your defence.