Providing evidence may sound like something that only happens in crime shows. But even in everyday business practice, the law of evidence plays a bigger role than you might think. In most cases, you start working without problems after a phone call from your client. But what if at some point there is ambiguity about what was agreed over the phone, and your client refuses to pay?
Why the law of evidence matters to you too
For smaller amounts, you might still be able to resolve things with your client: you send a new product, offer a discount, or your client decides to “just pay after all.” But what if it’s a large order? Then taking the matter to court might be necessary. The judge can order your client to pay — but only if you can prove that you are right.
The judge doesn’t rely on blue eyes
The main rule the judge uses to determine who is right is that the party invoking a legal consequence bears the burden of proof . A legal consequence is the legal result of certain conduct (for example: being required to pay because an agreement has been made).
If you want to enforce payment of the purchase price in court, you must provide proof of the existence of the agreement. This can be done in various ways — even through screenshots of a WhatsApp conversation, emails, a phone recording, or a statement from a colleague who was present at the agreement. If your client relies on a different legal consequence, such as claiming that they already paid in cash, then the burden of proof for that claim lies with them instead of you.
An important nuance: statements that are not disputed are assumed to be true by the judge. In such cases, providing evidence for that statement can be omitted.
Right, but not believed
The party bearing the burden of proof carries the risk of proof: if they fail to provide the required evidence for their claims, they will not be ruled in their favor — even if they actually are right.
In addition, the judge always determines how much weight to give to a piece of evidence . So, it is possible that you do provide evidence, but the judge still finds it insufficient and rules against you.
Avoid being caught off guard
So don’t wait until it’s too late. Record agreements in writing as much as possible, have them signed, and store important communications carefully.
Curious about how to best handle this, or are you already in a dispute over evidence? Feel free to contact us. We’ll secure both your justice and your payment.
