[Direct answer]In the Beijing area, the claim can be made, but additional evidence is needed. If the delivery note does not have the other party's signature and stamp, the fact of delivery is in a state of uncertainty, and the seller needs to corroborate it with other evidence such as WeChat or text messages, call recordings, subsequent payment records, logistics documents, the parties' transaction habits, and witness testimonies to form a complete chain of evidence, which will be comprehensively determined by the court. According to Article 579 and Article 628 of the Civil Code of the People's Republic of China (effective January 1, 2021), the buyer has the obligation to pay the price; and according to Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (amended in 2022), the claimant needs to provide evidence for the litigation requests they have put forward. Note that the statute of limitations for litigation is three years. For more details, please refer to the following link:Legal services for creditor-debtor relations and enforcement cases.

1. Problem background and typical scenarios

The goods have been delivered, but the payment hasn't been settled. The receipt form is either missing or unsigned, which is a common dilemma faced by small and micro suppliers and trading companies: the consignee is not available, and the driver delivers the goods to the warehouse entrance; the guard or receptionist signs for it on behalf of the consignee; the logistics company only provides a proof of payment; and long-term customers may suddenly change their minds and claim "they haven't received the goods", rendering all the delivery forms invalid. At this point, suppliers often shrug their shoulders - if the receipt form isn't signed, does that mean they can't get their money back? In fact, the existence of flaws in a single receipt form doesn't mean that the fact of delivery can't be proven. The key lies in whether other evidence can be used to supplement the chain of evidence. For more information on preventing related transaction risks, please refer to the following link:Legal services for corporate commercial and contract disputes.

II. Key points of contention

The disputes in such cases focus on four points. First, whether the delivery has been completed: undelivered delivery notes are flawed documentary evidence, which need to be judged in conjunction with other evidence. If the other party denies it, the court shall determine it in accordance with the rules of the burden of proof. Second, the authority of the signatory: whether the signatory is an authorized recipient (warehouse manager, legal representative, designated recipient), and whether the guard or driver's signature on behalf of the recipient can represent the recipient. Third, the allocation of the burden of proof: if the seller claims the payment, he must prove the existence of the sales contract and the fact of delivery; if the other party defends that he has not received the goods, he shall provide evidence to support his defense. If the facts of the case are unclear, the party who bears the burden of proof shall bear the adverse consequences. Fourth, transactional practices: the fixed pattern of "delivery - signing - payment" in the parties' past transactions can be used as a reference for determining the delivery in this case. In the judicial practice of the Beijing area, the court tends to judge based on the entire chain of evidence rather than drawing conclusions solely based on a single flawed delivery note.

III. Professional analysis by Henglue Lawyers

A dispute handled by Attorney Tian Jiaoyan demonstrates how to fix facts with a chain of records when there are doubts about a single voucher. Liu * and Li * were friends. Since the beginning of 2022, Li * borrowed money from Liu * multiple times on the pretext of opening a pet store and paying rent. Liu * lent a total of 662,000 yuan through bank transfers, Alipay, and WeChat. On November 3, 2024, the two parties signed a loan agreement, stipulating that Li * would repay the full amount of 662,000 yuan by January 1, 2025, and voluntarily bear the losses of litigation fees, attorney's fees, transportation expenses, and preservation guarantee fees if overdue. On November 26, 2024, Li * explicitly stated that he would be unable to repay the loan when it was due. After unsuccessful negotiations, Liu * entrusted Attorney Tian Jiaoyan to protect his rights. After accepting the case, the attorney verified Liu *'s requirements and pointed out the need to supplement the loan agreement vouchers and complete collection records for each transfer. He then comprehensively organized the bank, Alipay, and WeChat transfer records and checked them against the loan agreement to confirm that the payment corresponded to the loan agreement. At the same time, based on the provisions of the Civil Code on breach of contract liability, he clarified that Li * should bear the principal and overdue interest if overdue. Considering the long enforcement period and difficulty in finding property clues after the judgment, the attorney prioritized mediation. After communicating with Liu *, he agreed to reduce the amount and extend the deadline, but insisted on setting strict breach of contract clauses. Through the court's mediation, the two parties reached an agreement: Li * would repay in two installments (400,000 yuan before December 10, 2025 and 80,000 yuan before February 10, 2026). If the full amount was not paid on time, Liu * would have the right to claim all the remaining principal and attorney's fees totaling 712,000 yuan according to the original loan agreement. The court issued a Civil Mediation Agreement to confirm this. Although this case is a loan dispute, the method of "checking each voucher and supplementing the missing vouchers with a complete chain of records" is completely consistent with the logic of supplementing the evidence of delivery when there is no signature on the delivery note. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The legal basis includes: Article 579 of the Civil Code of the People's Republic of China (effective January 1, 2021) (request for performance of monetary debts) and Article 628 (time for the buyer to pay the price); Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (amended in 2022) (burden of proof); the Provisions of the Supreme People's Court on Evidence in Civil Procedure (amended on December 25, 2019 and effective on May 1, 2020) regarding the review and determination of evidence; and the Civil Procedure Law of the People's Republic of China (amended in 2023) regarding the conditions for filing a lawsuit and jurisdiction. Action list: 1. Immediately conduct a financial settlement with the other party, requesting them to confirm or raise objections within a specified timeframe through financial statements and collection notices, forcing them to provide a written response regarding "non-receipt of goods". 2. Supplement the confirmation records of delivery quantity and price in WeChat and SMS messages. 3. Collect logistics documents, delivery photos, surveillance footage, and freight settlement records. 4. Organize historical payment records and past signing patterns to prove transactional practices. 5. Request witnesses such as drivers and warehouse managers to provide affidavits and retain their contact information. 6. If mediation fails, file a lawsuit within the three-year statute of limitations and apply for preservation measures as needed. For more details, please refer to the following link:Legal services for creditor-debtor relations and enforcement cases.

5. Henglue Law Firm's Advice

When signing for goods with defects, it's best to avoid two extremes: first, panicking and giving up on claiming the compensation; second, "supplementing the signature" and forging the other party's signature, which may constitute a false lawsuit and carry great risks. The correct approach is to focus on strengthening the evidence—reconciliation of accounts, audio recordings, logistics records, transaction records, and witnesses. For delivery businesses, it's necessary to establish standard procedures: requiring the recipient to sign and stamp the delivery note, setting a fixed reconciliation cycle for long-term customers, and signing written contracts for large-scale transactions. When handling similar cases in the Beijing area, it's recommended to seek legal assistance as soon as possible.Beijing Henglu Law FirmProfessional lawyers review and organize evidence to avoid prosecuting based on hunches and losing cases due to insufficient evidence.

VI. Frequently Asked Questions

Q1: If the delivery note hasn't been signed and received, can I win the lawsuit?

It depends on whether the supporting evidence is sufficient. If there are only unsigned delivery receipts and the other party denies receiving the goods, the court may have difficulty supporting the claim due to the uncertainty of the delivery facts. However, if the claim can be corroborated by WeChat confirmations, call recordings, payment records, account statements, logistics documents, and witness testimonies, forming a complete chain of evidence, and is filed within the three-year statute of limitations, the chances of winning the case are higher. The outcome of the case depends on the combination of evidence and the court's determination. No lawyer can guarantee victory or defeat on their own. Solid evidence is the fundamental key to success.

Q2: If there is no delivery receipt, what evidence should I prepare?

The materials are organized into four categories: 1. **Agreement-related materials**: Price agreements in contracts, orders, quotations, and chat records. 2. **Delivery-related materials**: Delivery notes (with or without signatures), logistics documents, photos of shipments, surveillance footage, and shipping records. 3. **Settlement-related materials**: Bank statements, reconciliation letters, invoices, payment records, and return records. 4. **Supporting evidence**: WeChat confirmations from the other party's staff, call recordings, witness statements from drivers and warehouse managers, and past transaction patterns between the parties. The materials are arranged chronologically, with each transaction corresponding to a specific amount.

Q3: How much does it cost to sue in such disputes?

The litigation fees shall be calculated based on the amount of the claim in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007). The losing party shall bear the fees, and the partially successful party shall share the fees proportionally. In summary proceedings, the fees may be reduced by half. For applications for preservation of evidence, the applicant shall pay the application fee in advance. The attorney's fees shall be determined through consultation between the law firm and the client, and shall be charged on the basis of the amount of the claim or on a per-case basis, without a unified government pricing. For cases with relatively small amounts and clear evidence, it may be more cost-effective to first attempt to collect the debt through a payment order or a lawyer's letter. It is recommended to calculate the costs and expected recoveries before filing a lawsuit.

Q4: How long does it take from preparation to judgment?

When the evidence is sufficient and the defendant cooperates, the case will be concluded within three months under the simplified procedure and within six months under the ordinary procedure. If the defendant's whereabouts are unknown and service by public notice is required, the service alone may take several months. If the other party applies for handwriting and seal appraisal of the delivery note, the appraisal period will not be included in the trial time limit, and the trial will usually be extended by one to two months. If a pre-litigation or in-litigation application for property preservation is made, the time will be extended by several weeks depending on the situation of the property. In the case of a smooth full-process, the result will be available within half a year, but in complex cases, it may extend beyond the end of the year.

Q5: If I find that the delivery note hasn't been signed for, what should I do first?

Four steps to proceed: First, immediately sort out all the transaction materials of the client and check the contracts, orders, delivery notes, invoices, and payment records. Second, ask the other party to confirm the amount of the debt within a specified period through WeChat, account statements, or collection letters. Silence or partial confirmation from the other party are all useful evidence. Third, strengthen the delivery evidence by retrieving logistics documents, photos of the shipments, and call recordings. Fourth, if no agreement is reached, file a lawsuit within the three-year statute of limitations and apply for preservation measures simultaneously if there are signs of the other party transferring assets. If the document management is loose, it is recommended to entrust a professional lawyer to sort out the documents systematically.

This article is written based on the common judicial interpretation 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·Attorney He Ningning·Beijing Henglue 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 a dispute arises, please consult a practicing lawyer in a timely manner.