Financial Claims and Money Recovery Lawyer — From Proving Your Right to Enforcing the Judgment

A financial claim is the formal route to oblige a person or entity to pay you money they owe, whether it arose from a loan, a transfer, a sale or a service contract. The claim is filed electronically on Najiz and heard by the competent court depending on the relationship between the parties, with its procedure governed by the Law of Procedure before Sharia Courts or the Commercial Courts Law, according to the court.

Before filing a financial claim we ask three questions: is the debt backed by evidence you can present? Has the payment date passed? And does the debtor have assets that can be enforced against? The answers decide whether it is better to start with an amicable notice, file the claim directly, or go straight to enforcement without a lawsuit if you hold an enforceable instrument.

A sound statement of claim states the amount precisely, its cause and its due date, and attaches the supporting proof in order. Weak drafting, or claiming more than you can prove, can drag the case out unnecessarily, so one of our licensed lawyers reviews the statement and its attachments before filing.

Many claims start with money transferred in good faith without a written contract: a loan to a friend, or a payment to someone who promised a service. The transfer receipt alone proves that the money moved from you to the defendant, but it does not always show why; the other party may claim it was a gift or the repayment of an earlier debt. Proof is therefore built on the evidence as a whole, not on a single item.

The Law of Evidence sets clear rules for the means of proof, including writing, witness testimony, admission and the oath, and it recognises digital evidence such as electronic messages, chats and transfer records. The Civil Transactions Law sets out the rules on loans and the obligation to repay, and on recovering money paid without a valid cause. The judge weighs each piece of evidence in the circumstances of the case, and the law may require writing to prove certain transactions.

What usually strengthens your claim:

When the money arises from a supply, services or construction contract, or from unpaid invoices, the contract is the basis of the claim: we read the payment, delivery and penalty clauses and any jurisdiction or arbitration clause, and match them against the invoices, purchase orders, delivery records and correspondence.

Jurisdiction depends on the nature of the relationship: disputes between traders over their commercial dealings go to the Commercial Courts under the Commercial Courts Law, while the General Courts hear many financial claims between individuals. Filing before a court that lacks jurisdiction can delay the case, so we identify the correct court before filing. If the contract has an arbitration clause, the route may be arbitration rather than the courts.

We collect debts for individuals and businesses: unpaid commercial invoices, personal loans and balances left on supply, service or construction contracts. We start by reviewing what proves the debt, such as contracts, invoices, correspondence and transfers, then choose the shortest lawful route: a written demand with a deadline, which may be enough to secure payment or a documented schedule; a direct enforcement request if the debt is recorded in an enforceable instrument such as a cheque or promissory note; or a financial claim in court if the debt needs to be proved.

We use only the procedures the law provides and contact the debtor only within them. If your business is owed by several customers, we rank the debts by strength of evidence and value, explain which are likely to be recovered through direct enforcement and which need a lawsuit, and follow each file until the money arrives or its routes are exhausted.

The Enforcement Law treats cheques, promissory notes and bills of exchange as enforceable instruments. This means the holder does not, as a rule, need to file a financial claim to prove the debt, but can submit an enforcement request directly to the Enforcement Court on Najiz, which then starts the measures to make the debtor pay.

The route has its conditions: the instrument must contain its required particulars, it must have been issued by the debtor or someone authorised to sign for them, and a cheque must have been presented for payment and returned. The debtor may object through an enforcement dispute if they have a legal defence. Issuing a cheque without sufficient funds may also have a criminal side separate from the money claim. We check the instrument before filing so the request is not rejected for a formal defect that could have been fixed.

A judgment in your favour is an important step, but the money only arrives through enforcement. Once the judgment is enforceable, an enforcement request is filed with the Enforcement Court on Najiz under the Enforcement Law, and the debtor is notified of the order to pay within the statutory period.

If they do not pay, the enforcement judge may order measures aimed at compelling payment, including disclosure of assets, seizure of accounts and property, a travel ban and suspension of certain government and financial services, as the judge decides in each case. One of our licensed lawyers follows the file until the money is recovered or a settlement that protects your right is reached, and we tell you if it emerges that the debtor is insolvent or their assets are insufficient.