In the Netherlands, the burden of proof in debt collection cases lies with the creditor, as is common in many legal systems. While there is no specific legal requirement mandating certain documents to prove a claim, it is highly advisable and practical to gather comprehensive documentation to support your case effectively.
The courts are free in their evaluation of the evidence that is presented. In general, courts favour unambiguous documents. Examples of such documents are contracts outlining the terms of the agreement between the parties. These contracts, especially if they contain clear payment terms and conditions, are critical as they establish the legal basis for the debt.
Other examples of unambiguous documents are invoices. Invoices are fundamental to most transactions, specifying the goods or services provided, their quantities, prices, and payment due dates. Proofs of delivery or service, such as signed delivery receipts, work orders, or service completion certificates, also serve as tangible evidence that the agreed-upon goods or services were either provided or ordered.
Correspondence records, including letters, emails, and text messages, can also be useful. These communications establish a history of the debtor's acknowledgement of the debt and can be valuable in proving the creditor's case. Payment reminders and warning letters showcase the creditor's efforts to resolve the matter amicably before resorting to legal action. These documents indicate the due dates, outstanding amounts, and consequences of non-payment. If the debtor fails to respond or comply, these reminders demonstrate the debtor's negligence, reinforcing the creditor's case in court.