Debt recovery

An order for payment allows you to ask the president of the court to order the debtor to pay a sum of money owed under a written document (acknowledgement of debt, accepted invoice, bill of exchange). It starts without an adversarial hearing, which makes it faster than ordinary proceedings. The debtor can still challenge the order within the legal time limits.

The payee first has the bank certify the lack of funds (certificate of refusal to pay or protest). The payee can then bring a civil claim for payment and file a complaint, as issuing a cheque without sufficient funds is an offence under the Commercial Code (Law No. 15-95). Getting paid remains the priority, and the strategy is decided case by case.

The general limitation period in civil matters is fifteen years (Article 387 of the Code of Obligations and Contracts), but many debts have shorter periods. Obligations arising from trade, between traders or between traders and non-traders, are time-barred after five years unless a special provision applies (Article 5 of the Commercial Code), and bills of exchange and cheques have their own periods. It is therefore important to have the limitation period checked before any proceedings.

Yes. A lawyer registered with the Rabat Bar can act before the courts of other cities in the Kingdom, in accordance with the rules of the profession. The competent court generally depends on the debtor's domicile or on the contract clause, and enforcement is carried out by the judicial officer of the place concerned.