19
Aug

In a Collection Lawsuit (for pesos) , having evidence that supports the debt is essential, given that in the Dominican Republic, anyone who alleges a fact through the law must prove it. It is also ideal to have a specialized Collections Lawyer, able to identify the types of actions you can pursue, based on the available proof.

According to what is established in a famous Dominican jurisprudence: “Any party who alleges a fact through the law must prove it, and judges are limited to the submitted documents that have been produced in accordance with legal requirements.” (Civil Cassation number 6, from March 8th, 2006, Judicial Bulletin number 1144, pages 96-100).

As can be seen, in order to file a collection lawsuit you must have proof of the credit you are trying to collect and, in these cases, the best proof to have is written proof.

Many people do not possess written evidence in regards to collections they may seek, as a result, today we are going to address the topic of Evidence in the process of collection lawsuits of pesos.

How can a debt be proven in a court of law?

As we mentioned previously, in order to prove a outstanding debt, it is vital to provide written proof of the obligation of payment.

What documents are usually provided to substantiate debts?

The documents that must be provided for a collection lawsuit would be any piece of physical or digital supporting document in general, that can prove the creditor’s debt against their debtor, such as:

• Simple promissory notes
• Invoices
• Contracts
• Checks

It is imperative to have that these documents signed by the debtor, since that would be used as proof that the debtor and the creditor agreed with the established conditions, and therefore the debtor is aware of the debt.

What happens if there is no written proof of the debt in question?

In the event that there is no written proof of the debt, the plaintiff must “persuade” the court that the debt was processed by verbal agreement. If that is the case (or if the existing invoices or documents were produced but misplaced), you may present witnesses to the court who have witnessed the issuance of the invoices, among others.

If it is not possible to convince the judge with the different means of evidence available, it is very likely that the claim will be rejected due to insufficient evidence. As mentioned previously, written documentation is the best evidence to have.

Photocopies and Collection Lawsuits.

According to current legislation “Photocopies by themselves do not constitute suitable evidence, but upon their presentation, judges may take their content in consideration. This documentation may be examined along with the other elements available in the case, submitted to be subject of scrutiny, in order to deliberate appropriately”. (Supreme Court Judgment, 1st Chamber, No. 2, from November 10th, 2004, Bulletin No. 1128, p.p. 152-159)

In the event that the process is heard in the presence of both parties, and the defendant does not dispute the photocopies, these documents may be deemed valid. However, this will always be at the judge’s discretion.