What is considered a valid dispute?
In a B2B context, a valid dispute must be written, timely, specific, and properly motivated. The customer must refer to the relevant invoice and clearly explain the objection, for example a defect, a missing component, or an incorrect quantity.
A vague statement such as “not satisfied” or “this is incorrect” does not qualify. That is not a dispute, it is a delaying tactic.
And the threshold is high. In B2B relationships, invoices have significant evidential value. A customer who does not object in writing, on time, and with proper motivation is generally considered to have accepted the invoice.
Anyone trying to dispute the invoice afterwards already starts at a disadvantage.
Two scenarios, two outcomes
Scenario 1, the legitimate dispute
You deliver software. The customer formally points out in writing that an agreed module is missing, refers to the purchase order, and requests an adjustment to the invoice.
That is a legitimate dispute. A court will take this seriously and assess the facts.
Scenario 2, the tactical dispute
You deliver, invoice, and three weeks later receive a vague email saying:
"We are not satisfied with the collaboration."
No concrete complaint, no reference to the invoice, no proof of any defect. The customer simply wants to gain time.
This is exactly where things start going wrong, for the customer.
The cost of an unfounded dispute
If a court concludes that the dispute was merely tactical, the debtor will not only be ordered to pay the principal amount. Additional costs may include:
- Late payment interest under the Belgian Late Payment Act for commercial transactions
- A fixed compensation clause, as provided contractually
- A procedural indemnity, a legally determined contribution towards your legal fees
In previous cases, courts have even imposed additional penalties for improper use of disputes purely intended to delay payment.
A customer who disputes an invoice just to gain time therefore loses twice, the invoice still has to be paid, and additional legal costs, interest, compensation clauses, and possibly penalties are added on top.
Courts also take the behaviour of both parties into account. A clearly unfounded dispute damages the debtor’s credibility throughout the remainder of the proceedings.
Make sure your file is solid
A well-documented file makes all the difference, contracts, purchase orders, delivery notes, emails, and formal notices all help demonstrate that the dispute is merely tactical.
This significantly increases the chances that the court will fully grant your claim.
An important nuance, as long as an invoice is disputed, you cannot use the RUD procedure, the Belgian recovery route for undisputed debts. You must then proceed through the ordinary courts.
That process is slower and more expensive, which is all the more reason to make your file legally solid from the very beginning.
Unpaid helps you build a strong case
At Unpaid, we verify whether all legal conditions are met before involving a bailiff. This ensures you are in a strong position, whether the invoice is disputed or not.