Details

The application for a payment order may relate to a claim arising from invoices issued in the context of conclusion of a sales contract (513 et seq. οf the Civil Code).

This practically means that a written agreement has already been signed with the terms of the contract of sale, which may be incorporated in the body of the invoice and specify its terms and conditions. An oral agreement is not enough to issue an invoice payment order. In the case of invoices or even consignment notes that invariably accompany the issued invoices, they must be signed by the buyer-debtor, in order to prove the unconditional receipt on his part of the goods sold on credit. If there is no signature of the buyer in the position “the recipient” and we want to submit an application for an order for payment by invoice to the secretariat of the competent court there is a risk that the competent judge will reject our application, because the buyer’s signature is missing therefore the unconditional receipt of the products by him is not confirmed. When we say signature we mean recipient’s name and signature. Signature alone is not enough. Under these conditions an action should be filed to satisfy our monetary claim, which reflects the price of the contract of sale.

If the person who signs the receipt of the products on the invoices or consignment notes is a third party, then his order and authorization from the obligated buyer is required. This order and power of attorney is not enough to be oral, but it must be proved in writing, otherwise a payment order will NOT be issued. When the Recipient is a legal entity, a stamp and signature of its legal representative and the name of the legal representative are required, while the Government Gazette must also be submitted, from which the representation of the legal entity by the specific natural person arises.

A payment order can only be requested if the claim does not depend on a condition, term, deadline or consideration in return and the amount of money or debt owed is certain.