1. Gathering the evidence
- Contract, purchase order, accepted invoice, delivery note, account statement, written correspondence.
- Cheque, bill of exchange or promissory note: enforceable instruments that make the procedure easier.
- A dated and signed acknowledgement of debt for debts between private individuals.
2. The formal notice
A registered letter with acknowledgement of receipt or service by a bailiff, setting a deadline for payment and referring to late-payment interest. It starts the running of default interest and is often enough to trigger payment.
3. The payment order
For any monetary claim based on an instrument or an acknowledgement of debt, the president of the court (Commercial Court or Court of First Instance) issues a payment order on application, without an adversarial hearing (Articles 155 to 165 of the Code of Civil Procedure). The debtor may lodge an objection within eight days of service; failing that, the order becomes enforceable.
4. Protective measures and enforcement
- Protective attachment of bank accounts, business assets, vehicles or real estate to secure payment during the proceedings.
- After an enforceable judgment or order: order to pay, attachment and sale, garnishment in the hands of banks and of the debtor's customers.
- For a bounced cheque: bank certificate of non-payment, then a payment order or a criminal complaint (Article 316 of the Commercial Code).
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.