The payment order (injonction de payer) remains the preferred tool for creditors holding a clear instrument, such as a bill of exchange or an accepted invoice. Morocco's new Code of Civil Procedure (Law No. 58.25), in force since 24 August 2026, changes its conditions. An order of 7 October 2026 from the Casablanca commercial court shows that a single missing particular can sink an application, while the code now penalises debtors who object only to buy time.
An order that surprised practitioners
On 7 October 2026, the president of the Casablanca commercial court rejected a payment order application for 376,522 DH, based on six bills of exchange. The reason: the debtor company's email address was missing from the application. The decision relies on Article 234 of Law No. 58.25.
The contrast with the ordinary procedure explains this strictness. Article 77 lists the mandatory particulars of a claim and allows missing ones to be completed within a time limit set by the judge. Article 234, which is specific to payment orders, provides no equivalent cure.
Why the email address is a problem
Creditors do not always have this information. Only public-law legal persons must declare an email address on the designated platform (Article 626); for private persons it is optional (Article 627). The trade register is not a directory of email addresses.
Moreover, an email address stated in a claim is not, on its own, a valid channel for electronic service. The requirement therefore burdens the creditor without guaranteeing faster service.
The ordinary route remains open
Rejection of the application does not extinguish the debt. Article 236 allows the creditor to sue under the ordinary procedure. It takes longer, but it allows a missing particular to be completed within the time set by the judge, in line with Article 77.
The choice between the two routes therefore depends on what is known about the debtor: if its email address is unknown, it may be better to establish it before filing, or to opt for the ordinary procedure from the start.
Debtors who stall: a fine of 5% to 15%
The code also targets dilatory challenges. Under Article 243, an objection or appeal filed solely to delay payment exposes its author to a fine of 5% to 15% of the debt. For a debt of 100,000 DH, the fine therefore ranges from 5,000 to 15,000 DH.
The fine is paid to the Treasury, not to the creditor. The creditor does, however, have another lever: Article 10 allows damages for proceedings brought in bad faith, within the same case or through a separate claim.
Checklist before filing
- Gather the documents proving the debt (bills of exchange, invoices, acknowledgements) and check that they are in order.
- Identify the debtor company precisely and look for its email address in reliable sources (correspondence, contracts, invoices).
- Check every particular required by Articles 77 and 234.
- Since the lawyers' return to work on 7 October 2026, make sure the application carries the lawyer's national professional number.
- Keep the ordinary procedure under Article 236 in reserve if a particular cannot be obtained.
- If an objection is plainly dilatory, consider a damages claim under Article 10.
Sources
- Médias24, 12 October 2026: « Le courrier électronique, obstacle à l'accès à la justice »
- Médias24, 10 August 2026: « Nouveau code de procédure civile : ce qui change dès le 24 août »
- Médias24, 6 October 2026: « Reprise des avocats : ce qui change concrètement dans leur quotidien »
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.