Immediate steps
- Obtain from the bank the certificate of non-payment (certificate of refusal of payment) stating the reason.
- Send the drawer a formal notice by bailiff or registered letter giving a short deadline to regularise.
- Have a protest drawn up if you wish to preserve recourse under the law of negotiable instruments against the endorsers.
- Check whether the drawer is subject to insolvency proceedings, which suspend individual enforcement actions.
The civil route
- Payment order before the president of the Commercial Court of Rabat based on the cheque and the certificate of non-payment: a fast order, enforceable after service.
- Protective attachment of the drawer's accounts and assets to secure payment.
- An action on the merits for payment with interest and damages if the debt is disputed.
- Recourse against the drawer is time-barred one year after the presentation period expires; the underlying debt remains payable under general law.
The criminal route
Issuing an uncovered cheque is punishable by one to five years' imprisonment and a fine of not less than 25% of the cheque amount (Article 316 of the Commercial Code), in addition to a banking ban. A complaint with a civil party claim makes it possible to obtain an order to pay. The drawer can avoid prosecution by regularising and paying the regularisation fine. The firm advises on combining both routes for effective recovery.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.