AZE.US
WhatsApp messages, SMS correspondence, bank transfers and other electronic evidence may be used in court in Azerbaijan in debt disputes, even if the parties did not sign a written agreement.
The issue has come back into focus after a June 16, 2026 decision by the Plenum of Azerbaijan’s Constitutional Court, which may significantly affect court practice in debt-related cases between private individuals.
Lawyer Turan Abdullazade told Demokrat.az that the ruling clarifies an important point: failure to comply with the written form requirement does not automatically make a debt relationship invalid.
“The requirement that debts above 3,000 manats must necessarily be based on a written agreement was an unfair approach. Some courts treated such cases as invalid simply because there was no written contract. As a result, creditors were deprived of legal protection, while debtors were placed in a more favorable position,” Abdullazade said.
According to him, the Constitutional Court of Azerbaijan has made clear that the written form is not a condition for the validity of the debt, but a condition related to proving it in court.
This means that even in the absence of a written agreement, courts should consider WhatsApp messages, SMS correspondence, bank transfers, transfer documents, phone conversations, acknowledgment of debt by the borrower and other written or electronic evidence.
Abdullazade said the decision has three major consequences.
First, courts can no longer automatically reject claims only because there is no written agreement. Second, creditors may support their claims with WhatsApp correspondence, bank statements and other transfer documents. Third, the ruling may also apply to cases that are already pending before courts.
“If you have a dispute over a debt given without a written agreement, this decision may also apply to your case. I believe this is an important step in legal practice. Citizens now have a stronger legal basis for going to court,” Abdullazade said.
The ruling means that the absence of a written contract no longer automatically prevents a creditor from proving a debt. What matters is whether the available evidence, taken together, confirms that money was transferred and that the borrower had an obligation to repay it.
AZE.US