Avoid problems: how to respond correctly to a disputed invoice

Gepubliceerd op 14/02/2025

If you disagree with an invoice you have received, it is crucial to take timely and appropriate action. A properly executed dispute can prevent you from being held liable for payment of an invoice you do not agree with. Below, we outline the four essential rules for successfully disputing an invoice.

1. Submit a Written Objection

One of the biggest pitfalls when disputing an invoice is raising objections only verbally. This provides no legal proof. To make your dispute legally sound, it must always be in writing. Preferably, send it via registered mail and email. This allows you to prove later that you effectively raised an objection and to substantiate your dispute with evidence.

2. Dispute Within a Reasonable Timeframe

For businesses, it is crucial to dispute an invoice in a timely manner. Article 8.11, paragraph 4 of the Belgian Civil Code states:

“Unless proven otherwise, an invoice accepted by or not disputed within a reasonable period by a business serves as proof against that business of the alleged legal transaction.”

This means that if a business fails to dispute an invoice in a timely and substantiated manner, the invoice is deemed accepted and holds legal evidentiary value. A late or insufficient dispute can therefore have serious financial consequences.

What constitutes a reasonable timeframe depends on the specific circumstances and the nature of the agreement. The longer you wait, the greater the risk that the invoice will be considered accepted and you will still be required to pay.

3. Provide a Well-Substantiated Justification

A general dispute without further explanation is insufficient. You must specifically and thoroughly state why you dispute the invoice. This means specifying which aspects of the invoice are incorrect and why. For example:

• Were goods invoiced that were not delivered?
• Were the invoiced services not performed correctly?
• Is the invoiced amount higher than agreed upon?

A detailed invoice helps you conduct a proper review and formulate a substantiated objection. If the invoice lacks sufficient detail, you can request clarification on the invoiced services or goods.

4. The Impact on Payment

If you fully dispute an invoice, you should not pay anything, as payment can be considered implicit acceptance. If you only dispute part of the invoice, it is advisable to pay the undisputed portion. This demonstrates good faith and helps prevent further discussions about possible non-payment.

5. Conclusion

Do you disagree with an invoice you received? Do not wait too long and respond correctly. Always send your dispute in writing, in a timely manner, and with proper justification—preferably via registered mail and email.

Moreover, remember that every business, according to Article 8.11 of the Belgian Civil Code, is required to dispute an invoice within a reasonable period. Failure to do so may be considered tacit acceptance. A well-thought-out and well-substantiated dispute can prevent many problems and unjustified payments.

Do not hesitate to seek legal advice if you are unsure about the right approach. Our team of specialized attorneys is happy to assist you in taking the correct steps.