Bounced Cheque in Morocco: What to Do and Your Remedies

If a cheque is returned unpaid for lack of or insufficient funds, first have the bank issue a certificate of non-payment, then choose between criminal proceedings (a complaint to the public prosecutor) and civil proceedings (a payment order). Issuing a cheque without funds remains an offence under the Commercial Code, and the cheque regime was recently reformed to encourage settlement: payment can bring proceedings to an end under the conditions set by law.

First steps

Keep the original cheque, without damaging or writing on it.
Ask the bank for the certificate of non-payment.
Keep evidence of the transaction (invoice, contract, correspondence).
Send the drawer a written formal demand for payment.

Step-by-step procedure

Step 1: present the cheque for payment within the legal time limit, which is 20 days for a cheque issued and payable in Morocco.
Step 2: obtain the certificate of non-payment. The bank, for its part, calls on the drawer to regularise.
Step 3: formal demand to the drawer, preferably served by a judicial officer.
Step 4: complaint to the public prosecutor at the competent court of first instance.
Step 5: join the proceedings as a civil party to claim the cheque amount and damages, or apply for a payment order.
Step 6: enforcement of the decision (attachment of accounts, assets or wages).

Criminal or civil route?

A criminal complaint puts strong pressure on the drawer, who has every interest in paying to end the proceedings. It suits cases where the drawer can pay but refuses to.

The civil route, in particular the payment order, aims directly at obtaining an enforceable title. The two can be combined: what matters is acting quickly, while the debtor still has assets that can be seized.

Documents to prepare

The original cheque.
Certificate of non-payment issued by the bank.
Copy of the formal demand and proof of receipt.
Proof of the debt (invoice, contract, delivery note).
Copy of the creditor's identity card or trade register extract.

Deadlines to observe

A cheque issued and payable in Morocco must be presented for payment within 20 days. Claims based on the cheque are then subject to short limitation periods under the Commercial Code: do not wait several months before acting.

Common mistakes

Accepting a cheque as security: a payee who knowingly does so may also face prosecution.
Handing back the original cheque in exchange for a mere promise to pay.
Missing the presentation deadline.
Not keeping evidence of the business relationship.

Frequently asked questions

What does the issuer of a bounced cheque risk in Morocco?

Criminal proceedings under the Commercial Code and a ban on issuing cheques. Since the recent reform, paying the amount due can end the proceedings under the conditions set by law.

Should I file a complaint or apply for a payment order?

It depends on the drawer's situation and your goal. A complaint puts pressure on for quick payment; a payment order gives you an enforceable title. Both can be used together.

Can the cheque be presented again after it bounces?

Yes, if it is still within the time limit and funds have been restored. In any event, keep the certificate of non-payment from the first rejection.

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