Brokering Law Firm

Collecting invoices in Chile

In Chile, there is a special procedure to collect unpaid invoices if there have not been paid at due date and if there is no due date, within 30 days of the receipt. This process, however, is only applicable to invoices issued in Chile, because the Chilean invoices have digital signatures monitored by the Chilean IRS.

In accordance with law 19.983, the invoices shall be notified judicially. After the notification, the defendant can only argue that he returned the invoice within the time permitted by law (8 days) in accordance with the law, that the invoice has been forged or that the services were never rendered. If the defendant argues those circumstances fraudulently, he will be sentenced to pay the double amount due plus interest.

If he does not argue those circumstances, then the executory process starts by filing at the same judge a subsequent claim for seizure. In that case, after the defendant has been notified, he has only 4 days to present a defense base on payment or the statute of limitations has run. While those allegations are proven to be wrong or right, goods or money can be seized.

If the defendant does not present any defense or if he does not prove the defense alleged. then the money will be transferred to the plaintiff’s account or the good will be auctioned and the money obtained will be transferred to the plaintiff.

In the case of foreign invoices, then the standard civil procedure is applicable and therefore the plaintiff has the burden of proof.