The creditor does have an obligation to prove the underlying basis for the invoice. But, so long the invoice is not a pure fabrication, this should be relatively simple.
A question that arises consistently in relation to this doctrine is: What's a sufficient period of time? This is a fact question with an answer that varies depending on the circumstances. I have seen opinions from Minnesota courts accepting periods as short as 6 months be sufficient. In every opinion I have read where invoices are sent regularly for over 12 months, it has been held to be a sufficient period of time.
Businesses are well served to continue sending invoices to non-paying clients. You may not realize it, but by doing so you're solidifying your case!
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