[Direct answer]In the Beijing area, the core evidence for suing to recover debts includes: contracts or orders to prove the establishment of the contractual relationship; delivery notes and receipt notes to prove that the goods have been delivered; acceptance or reconciliation notes to prove the acceptance and settlement of the goods; invoices and payment receipts to prove the amount of the debt; and collection letters and communication records to prove the collection of debts and the statute of limitations. According to the provisions of the Civil Procedure Law of the People's Republic of China on the burden of proof, the party who makes the claim is responsible for providing evidence; according to Articles 577 and 585 of the Civil Code of the People's Republic of China, the buyer who fails to make payments in accordance with the contract shall bear such breach of contract liabilities as continuing to perform the contract and compensating for losses. The evidence needs to corroborate each other to form a chain. It is usually difficult to obtain support solely based on unilateral records or oral statements. If necessary, the party may apply to the court for evidence collection or appraisal.

I. Problem background and typical scenarios

There are typically three scenarios: First, long-term cooperation without a written contract, with only orders and delivery notes; Second, the other party refuses to pay on the grounds of quality issues or unissued invoices, requiring proof that the goods meet the agreed specifications and that the obligations have been fulfilled; Third, there are numerous accounts payable and receivable, making it difficult to verify the amount of outstanding debts and payments made. In such situations, the integrity and continuity of evidence directly affect the outcome of the litigation, so it is recommended to keep relevant documents during the transaction process. In practice, the absence of a written contract does not necessarily lead to a loss in the lawsuit, but it is necessary to use orders, delivery notes, and payment records to corroborate each other and form a complete chain of evidence. For reference, please refer to the following document:Creditor's rights and debts, and enforcementThe approach to handling the case.

II. Key points of contention

The dispute focuses on four points: Firstly, whether a contractual relationship has been established. In the absence of a written contract, it can be inferred from the order, delivery, and payment records; Secondly, the determination of the delivery facts, where the integrity of the receipt notice is crucial; Thirdly, the determination of the amount of the arrears, which requires corroboration with the reconciliation and invoices; Fourthly, whether the quality defense and invoice defense can be established. The party unable to provide evidence will bear unfavorable consequences. In addition, if the other party has accepted the goods for a long time without raising any objections, the party may claim that the other party has already approved the quality of the goods based on the parties' transaction practices, thereby weakening the other party's quality defense.

As far as this focus is concerned, we need to pay attention to the guarantee method, the guarantee period, and the statute of limitations to prevent the reduction of substantive rights due to the dormancy of rights. It is usually more effective to fix evidence and clarify claims early rather than to take remedial measures afterwards.

III. Professional analysis by Henglue Law Firm

When handling payment disputes, Henglue Lawyers found that there are three common shortcomings in corporate evidence collection: First, the delivery notes only list the quantity of goods but lack the identity information of the signatory, making it impossible to prove that the other party has received the goods; Second, the accounting statements have not been verified and confirmed with the other party for a long time, making it difficult to fix the amount of the debt; Third, claims are based solely on the personal records of sales personnel, lacking documentary evidence support at the corporate level. In the judicial practice of Beijing courts, the combination of evidence such as stamps, signatures on receipts, accounting confirmations, and transfer records has the strongest probative force. It is recommended that enterprises establish a transaction filing system, collect contracts, documents, and communication records by clients and projects, and notarize key documents when necessary to enhance the effectiveness of evidence.

IV. Practical suggestions and legal basis

Action list: First, collect contracts, orders, and supplementary agreements to confirm the subject and transaction content; Second, organize delivery notes, receipt notes, and logistics documents to prove the fact of delivery; Third, obtain account statements or settlement confirmations to fix the amount of the debt; Fourth, keep invoices and payment records to show what has been paid and what remains to be paid; Fifth, retain demand letters and communication records to prove the claim and statute of limitations. For matters involving the remediation of contract terms and the design of claims, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Business and contract disputes in enterprisesFor those involved in the execution phase, you can learn more about it.Creditor's rights and debts, and enforcementLegal basis: Article 67 of the Civil Procedure Law of the People's Republic of China and the provisions on evidence, Article 577 and Article 585 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the evidence should form a closed loop as much as possible, as the probative force of a single voucher is limited. Secondly, during the delivery and acceptance process, it is necessary to require the other party to sign and confirm their identity to avoid future denials. Thirdly, reconciliation is the most effective way to confirm fixed amounts, and it is recommended to conduct regular reconciliations and keep the original documents. Fourthly, if there are gaps in the evidence, they can be supplemented by means of reconciliation, audio recording, or applying to the court for retrieval, etc.Creditor's rights and debts, and enforcementUnderstand the evidence-gathering strategies of this column. Fifthly, before filing a lawsuit, you should check the amount of the debt and the payments made one by one to avoid errors in calculation that may affect the credibility of your litigation claims and the court's acceptance of them.

It would be more prudent to make good use of property preservation and enforcement measures to prepare for the future enforcement of the judgment during the litigation stage. Fixing the evidence and clarifying the claims early on is usually more effective than taking remedial measures afterwards.

VI. Frequently Asked Questions

Q1: Can I only sue to recover the payment based on the delivery note?

You can try, but the risk is high. If the delivery note can prove the delivery and combine with the order, invoice, payment records, etc. to corroborate the transaction relationship, the court may support it; if the delivery note lacks the signatory or identity information, the probative force of the claim alone is relatively weak. It is recommended to supplement as much as possible with evidence such as account confirmation and chat records to form a complete chain of evidence.

Q2: What should I do if the other party refuses to sign and accept the statement of account?

Creditors can secure their claims in other ways, such as sending a statement of account indicating the amount and keeping the mailing receipt, obtaining the other party's confirmation via WeChat or email, clearly stating the amount in the collection letter and keeping the delivery record. If necessary, they can apply to the court to retrieve the transaction records, or corroborate the claims with other written documents related to the business transactions.

Q3: Can the other party refuse to pay the goods if no invoice is provided?

Generally, it is not appropriate to refuse payment without a valid reason. Issuing an invoice is usually an ancillary obligation, and whether it constitutes a counter-performance to the payment should be determined according to the contract provisions. If the contract does not stipulate that invoicing is a prerequisite for payment, it will usually be difficult for the other party to refuse payment on the grounds of non-invoicing. However, enterprises should still issue invoices in accordance with the law to avoid their own tax risks.

Q4: What evidence is required to exercise the quality defense?

The party claiming that the quality does not conform to the agreement usually needs to provide an inspection report or an appraisal opinion, and prove that it has notified within the agreed or reasonable inspection period. Claiming defects based solely on user experience or unilateral statements is generally not sufficient to counter payment requests; if the party fails to notify or has already disposed of the goods, its defense will be harder to gain support.

Q5: How can we remedy the lack of evidence?

It can be strengthened by confirming the reconciliation of accounts, obtaining the other party's written or chat records acknowledging the debt, recording key communications, applying for witnesses to appear in court, or applying to the court to retrieve bank statements and industrial and commercial files. It is recommended that lawyers evaluate the evidence gaps as soon as possible and formulate targeted evidence-gathering plans to avoid missing the deadline for providing evidence.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.