Is considered an invoice and its executivity if it meets the requirements established by law and is intended to function “against” the buyer of a specific good or service.

The requirements for its enforcement are contained in article 460 of the Commerce Code, which establishes the following:

“The invoice will be an executive title against the buyer for the overdraft, if it is signed by him, his agent or his manager, duly authorized in writing and whenever a tax stamp is added in the act of presenting it to the judicial collection. The value of the stamp will be that which would correspond to a promissory note and will be charged to the debtor as collection expenses.

The consigned amount in an comercial invoice is presumed certain and the signatures in it, authentic”

From the above it is concluded that, once signed and stamped, it constitutes an executive title.

Requirements:
In order for an invoice and its executivity to be considered, it must meet a series of minimum requirements, among which we can list:

1. Quality
2. Price
3. Quantity
4. Signature of the buyer/legal representative/authorized third party.

The invoice must contain, at least, indications of the quality, quantity and price of the merchandise, but, in addition, it may bear other indications, such, but not limited to, the date of issue, expiration term, the name or the legal name of the person that extends it, the name of the person receiving it, time and method of payment, among others.

The following can be concluded regarding the invoice and its enforceability:

a. The invoice is not a “unique” figure, due to the fact that it has different modalities with different effects.
b. Only the invoice of sale constitutes an executive title, the other types of invoice must be collected by ordinary means.
c. As an evidentiary element in the corresponding judicial process, which is in a monetary order procedure, it is vitally important that the invoice is signed, this in order to comply with its validity and execution requirements.

It is very important that at the time of issuing the invoice it has the indicated requirements, and that in order for it to be executed through the Monetary Order Process it must be signed by:

a) Buyer/Debtor
b) Legal Representative
c) Duly authorized person. The authorization must be in writing.

Therefore, at ERP Lawyers & Associates we recommend that when invoices are issued on credit, they be signed by any subject that falls within the three cases indicated above, preferably leaving a copy of the identification document.

Also, in case you have credits backed by invoices that do not meet the execution requirements, you can perfectly carry out the following:

a) Initiate an advance declaration and execute the debt recognition.
b) File the Summary Process for Monetary Obligations

We extend an invite for you to contact us, so we can expand the details on the possibilities, and take the necessary actions to recover the amounts due to you.

ERP LAWYERS & ASSOCIATES offers you an interdisciplinary team of lawyers with extensive experience in this area. Contact us and receive personalized legal advice.