[Direct answer]In the Beijing area, even if there is no written contract for long-term supply, the payment can still be recovered according to law. According to Article 469 of the Civil Code of the People's Republic of China (effective from January 1, 2021), a contract can be concluded orally or in other forms; Article 1 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Disputes over Sales Contracts (effective from July 1, 2012, and amended in December 2020) clearly stipulates that in the absence of a written contract, the court shall, based on the delivery notes, receipt notes, settlement notes, invoices, and transaction practices, determine whether a sales relationship exists. The key is to fix five types of traces, including delivery, signing, account reconciliation, payment, and collection of debts, to form a complete chain of evidence, and to assert rights within the three-year statute of limitations. For specific procedures, please refer to the following link:Legal services for creditor-debtor disputes and enforcement cases.
I. Problem background and typical scenarios
In industries such as building materials, hardware, agricultural products, frozen goods, and printing, suppliers and buyers often cooperate on a long-term basis and supply goods on a rolling basis. Due to trust or the hassle of signing written contracts, transactions are all conducted via phone or WeChat orders, with delivery drivers bringing orders and the buyer's warehouse managers signing for receipt. In the early stage, payments are relatively timely, but later, the buyer delays payments due to financial difficulties, accumulating debts of tens of thousands or even millions of yuan. When the supplier wants to assert their rights, they find that there is no contract, no reconciliation, and they can't even clarify who the buyer's contact person is. The core of such disputes is not about "who is in the right", but about "how to prove that I delivered the goods, what the price is, and that the debt has not been repaid". The approach to providing evidence can be referred to here.Legal services for creditor-debtor disputes and enforcement cases.
II. Key points of contention
The disputes in such cases focus on four points. First, whether a sales relationship exists: Buyers often argue that no contract was signed or no transaction took place, or claim that the parties had other relationships such as agency, partnership, or intermediary. Second, the amount of the debt: The invoices produced unilaterally by the supplier have limited probative value, while the buyer often denies the unit price, quantity, and payments made one by one. Third, the form of evidence: Delivery notes without the buyer's stamp, unclear identities of the signatories, and unconfirmed reconciliation statements may all be questioned. Fourth, the statute of limitations: In rolling transactions, the statute of limitations starts from the expiration of each debt performance period. If there is no record of collection efforts, the buyer may lose the case due to a statute of limitations defense. In judicial practice in Beijing, courts typically determine the issue based on transactional customs and comprehensive evidence. Suppliers with complete chains of evidence are generally supported by the court.
III. Professional analysis by Henglue Law Firm
A case of an applicant for enforcement challenging the execution of a judgment represented by Attorney Zhu Guiyin fully demonstrates the value of organizing evidence chains. On March 7, 2014, Liu * * * * * signed a house purchase contract with Wang * * * * * through an intermediary company, purchasing the disputed house for 3.65 million yuan. Liu * * * * * paid a deposit of 80,000 yuan, a second deposit of 20,000 yuan, and subsequent payments totaling 3.5 million yuan, in addition to an intermediary fee of 84,000 yuan, and actually occupied and used the house. On May 28, 2018, the court froze the disputed house due to Zhang * * * * *'s application to enforce Wang * * * * *'s debt of 19,615,19.84 yuan. Liu * * * * * then raised an objection to the execution, and in 2025, the court ruled to suspend the execution. Zhang * * * * * appealed, alleging doubts about the authenticity and validity of the contract, abnormal transaction prices, an excessively low down payment ratio, discrepancies between the payer and the receipt, failure to actually occupy the house, and faults in the failure to transfer ownership, even suspecting collusion. Attorney Zhu Guiyin strictly followed Article 28 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Cases of Objections to and Review of Enforcement by People's Courts" (implemented on May 5, 2015) and organized evidence item by item: using transaction documents such as the "House Purchase Contract" and "Deposit Contract" to prove that a legally valid written contract had been signed before the freeze; using property fee receipts, utility payment vouchers, and a community "Certificate" to prove that Liu * * * * * had lawfully occupied the house before the freeze; using deposit and payment receipts and proof of payment of the final 150,000 yuan to the court-designated account on June 26, 2025 to prove that the payment had been made as agreed; and explaining that the failure to transfer ownership was not due to her own reasons. The first-instance court accepted the above evidence and ruled to dismiss all of Zhang * * * * *'s claims, with both instances resulting in favorable outcomes, and the execution of the disputed house was successfully lifted. Although this case involves a house purchase, the evidence organization logic of "replacing verbal claims with execution traces" is also applicable to supply disputes without written contracts: delivery, signing, reconciliation, payment, and collection of debts - each link must leave verifiable traces. This case was handled by Beijing Henglu Law Firm.Zhu GuiyingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as an agent.
IV. Practical suggestions and legal basis
The legal basis includes Article 469 (contract form), Article 510 (handling of unclear agreements), Article 577 (liability for breach of contract), Article 579 (continued performance of monetary debts), Articles 626 and 628 (price amount and payment time), and Article 188 (three-year statute of limitations) of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 1 (identifying the existence of a sales relationship based on delivery notes, receipt notes, settlement notes, invoices, etc. in the absence of a written contract) of the Interpretation of the Supreme People's Court on Legal Issues Concerning the Trials of Disputes over Sales Contracts (effective July 1, 2012, amended in December 2020); and the provisions on burden of proof and evidence review in the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (amended on December 25, 2019, effective May 1, 2020). Action list: First, collect all delivery notes, receipt notes, and warehouse receipts, and supplement the identity proof of the signatory; Second, organize account settlement notes, payment reminders, and the other party's responses; Third, retrieve the party's own invoices, tax records, and bank payment records; Fourth, preserve communication records such as WeChat messages, text messages, and call recordings, and record important calls in time; Fifth, negotiate to sign an account settlement confirmation letter or a repayment plan. If no agreement is reached, file a lawsuit and apply for property preservation within the three-year statute of limitations. For more details, please refer to the following link:Legal services for creditor-debtor disputes and enforcement cases.
5. Henglue Law Firm's Reminder
In disputes over unpaid goods supplied without a contract, the main problem lies in the lack of evidence, not the lack of legal basis. Three of the most common issues are: only the supplier's receipt exists, the signatory uses a nickname or cannot appear in court, and the reconciliation statement has never been confirmed. Once the other party denies the transaction facts, the supplier will face the dilemma of being unable to provide evidence. It is advisable to take remedial measures as soon as possible: if you find that the other party is delaying payment, immediately stop supplying goods without proof and fix the creditor's rights with a reconciliation letter and a repayment agreement; when making phone calls to collect payments, pay attention to recording the calls, and when using WeChat to collect payments, save the original media. The statute of limitations for litigation is three years. For rolling supplies, it is necessary to preserve the evidence of interrupting the statute of limitations. When handling similar cases in the Beijing area, it is recommended to seek legal assistance as soon as possible.Beijing Henglu Law FirmProfessional lawyers sort out the evidence chain, evaluate litigation strategies, and, if necessary, apply for property preservation to freeze the other party's accounts.
VI. Frequently Asked Questions
Q1: If there's no contract for long-term supply, can we still recover the payment for the goods?
There is a possibility of a reversal. According to Article 1 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Disputes over Sales Contracts" (effective from July 1, 2012, and amended in December 2020), when there is no written contract, the court will determine whether the sales relationship exists based on evidence such as delivery notes, receipt notes, settlement notes, invoices, transaction methods, and transaction habits. If the evidence corroborates each other and forms a complete chain, the claim for payment will usually be supported; if there are only unilateral records, the other party denies everything, and there is no other corroborating evidence, the claim may fail due to insufficient evidence. The outcome of each case depends on the evidence and the court's determination, and no lawyer can guarantee victory or defeat on their own.
Q2: If there's no contract, what evidence should I prepare?
The focus is on collecting eight categories of materials: delivery notes, receipt notes, inventory notes, and other delivery documents; the other party's signature records and clues to the signatory's identity; reconciliation statements, settlement statements, inquiry letters, and the other party's responses; invoices issued by the party itself and tax payment records; the other party's payment records and bank transaction records; communication records such as WeChat messages, text messages, and emails, as well as call recordings; historical orders, logistics documents, and platform records that reflect the transaction habits; and, if necessary, applying to have witnesses who understand the transaction situation testify in court. The evidence should be organized according to the timeline, forming a complete chain of "offer—delivery—receipt—reconciliation—payment—collection".
Q3: How much does it cost to file a lawsuit?
The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the claim as the base for calculation. The losing party shall bear the fees, and the party who partially wins the case shall share the fees proportionally. For cases applying the simplified procedure, the fees shall be collected at half the normal rate. To apply for property preservation, the applicant needs to provide a guarantee and pay the preservation fees separately. The attorney's fees shall be determined through consultation between the law firm and the client. Commonly, the fees are charged as a percentage of the amount of the claim or on a per-case basis, and there is no unified government pricing. Before filing a lawsuit, it is recommended to calculate the amount of the claim, the strength of the evidence, and the possibility of enforcement. Alternatively, you can first attempt mediation or enforcement procedures to reduce costs.
Q4: How long does it take from preparation to receiving the money?
It depends on the specific circumstances. If the evidence is complete and the other party responds to the lawsuit, the first-instance ordinary procedure will be concluded within six months and the summary procedure within three months; if there is a need for public notice service, jurisdiction objections, or appraisal and identification, the time will be extended accordingly. If the other party fails to perform after winning the lawsuit, it is necessary to apply for enforcement, and the enforcement period depends on whether the property clues are clear, usually ranging from several months to more than a year. For cases with a smooth full process, it takes about half a year, while complex or enforcement-related cases may span over multiple years. It is recommended to start the process as soon as possible and take measures to preserve the property simultaneously to prevent the other party from transferring assets.
Q5: If there's no contract, what should I do first?
Four steps to proceed: Firstly, comprehensively collect six types of materials, including delivery, signing for receipt, account reconciliation, invoices, payments, and communication. For those materials that are missing, prepare a list indicating their sources; Secondly, conduct account reconciliation with the other party, fix the amount of the debt through written letters, WeChat, or emails, and strive to obtain the other party's stamp or reply for confirmation; Thirdly, stop supplying goods without receipts, and sign contracts or account reconciliation statements for all subsequent transactions; Fourthly, if no agreement can be reached, file a lawsuit within the three-year statute of limitations and apply for property preservation at the same time. For cases involving large amounts or complex evidence, it is advisable to engage a professional lawyer as early as possible to review and handle the matter.
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 the 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, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Zhu Guiyin·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.