Payment Order: Get your money back quickly and efficiently!

Are you having difficulty collecting a debt owed to you?

A payment order is the perfect solution to recover your money quickly and efficiently without having to go through lengthy court procedures.

What is a payment order?

A judicial instrument that allows a creditor to obtain a court order requiring the debtor to pay a sum of money fixed in writing and payable.

When can you request a payment order?

  • If the debt is due: that is, the time has come for payment.
  • If the debt is currently being paid: that is, the debtor is able to pay it.
  • If the debt is confirmed in writing: by a document such as a contract or promissory note.

What are the conditions for requesting a payment order?

  • No dispute about the debt: There is no dispute between the creditor and the debtor about its existence, entitlement, or value.
  • No amicable settlement: No agreement was reached between the two parties.

What are the types of Payment orders?

Commercial

Negotiable instruments such as:

  • Promissory note
  • Bill of exchange
  • Chques

Commercial contracts such as:

  •  Purchase of insurance certificates or policies
  • Islamic banking operations
  • Istisna’a or movable manufacture
  •  Contracting agreement
  • Providing telecommunications, electricity, or water services
  • Government funds financing
  • Real estate brokerage
  • Purchase of shares, bonds and Sukuk
  • Rental of a hotel room
  • Vehicle rental
  • Instalment sale
  • Credit facilities
  • Manufacture or supply

Commercial declarations such as:

  • Settlement of instalments
  • Commercial debt declaration

Civil:

  • Receipt of  trust
  • Acknowledgment of a debt
  • settlement contract

Labour:

  • Acknowledgment of debt
  • Labour – settlement contract
  • Certificate of payment of workers’ dues

Business Disputes:

  • Refund of the security deposit

What are the steps for requesting a payment order?

  1. Writing a request: It includes information about you, the debtor, the amount due, and the debt instrument.
  2.  Payment of fees: Fees for submitting the application to the court.
  3. Submitting the application: submitting it to the competent court.
  4. Issuing an order: The court issues an order requiring the debtor to pay, along with interest and fees.
  5. Execution of the order: The debtor’s accounts may be seized or he may be prevented from traveling.

Do the parties have the right to object to the ruling issued in the payment order?

  • The applicant has the right to object to the decision issued within 15 days from the order issuance date
  • The respondent has the right to object to the decision issued within 15 days from the notification date

If the amount adjudicated is more than 50 thousand dirhams, the method of opposition is through appeal, and briefs are submitted to the deliberation room, and the court may hold a session to hear the pleadings (if the need arises)

Is it permissible to appeal the ruling issued on appeal?

An appeal may be filed in cassation if the amount awarded is more than 500 thousand dirhams

If the amount adjudicated is 50 thousand dirhams or less, the method of opposition is through a grievance, Briefs are submitted and oral pleadings are heard.

Is it permissible to appeal the ruling issued in the grievance?

It is not permissible to appeal

 

Don’t leave your money hanging! Contact Capital Control Business Services today to learn more about Enjaz and Tasheel services!

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