A recent court ruling in Costa Rica brings good news for companies dealing with late-paying clients: it is no longer essential for an electronic invoice to be signed in order to initiate a judicial collection process.
The Civil and Labor Court of Appeals of Alajuela ruled that if a client does not reject the invoice within the legal timeframe, it can be used as a valid legal instrument even without a signature. This marks an important step toward a more agile, digital-friendly justice system.
What changed with this ruling?
The ruling states that when an electronic invoice is not signed by the client and is also not rejected within the 10 business days allowed by law, it is considered accepted. This means it qualifies as an enforceable instrument, sufficient to initiate legal collection proceedings.
The court also clarified that not all digital documents need to be signed to be valid. What matters is that there is a record of their issuance and tacit or explicit acceptance by the recipient.
When is an unsigned invoice legally valid?
According to Law 10039 on electronic invoicing, a client is deemed to have accepted an invoice if they do not formally reject it within 10 business days of its issuance. This acceptance is logged in the Ministry of Finance’s system.
Therefore, even without a written or digital signature, an invoice may be used in court if:
– It was issued correctly and sent to the client.
– It was not formally rejected on time.
– Its acceptance was recorded by the Ministry of Finance.
How does this benefit businesses?
This ruling allows companies to:
– Accelerate the judicial collection process.
– Lower costs by eliminating unnecessary formalities.
– Strengthen legal certainty in managing electronic invoicing.
Additionally, it promotes digital transformation in legal proceedings and prevents clients from exploiting formal loopholes to avoid payment.
What should companies consider from now on?
To benefit from this precedent, companies should:
– Ensure their invoices are issued correctly and legally supported.
– Check whether the client rejected the invoice within the legal timeframe.
– Download and retain acceptance certificates from the Ministry of Finance.
– Consult with legal counsel if signs of default arise.
These practices help avoid financial losses and streamline collection efforts.
The legal system continues to evolve to meet digital standards, and this ruling confirms that properly managed electronic documents hold full legal value, even without a signature.
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