Answer: You can file for a Payment Order. The creditor must first instruct the debtor to repay the debt within a period of at least five days and then obtain a Payment Order from the court in whose jurisdiction the debtor’s domicile is located. The payment demand should be announced by any of the means of advertisement specified in the regulations. The Payment Order shall be granted within three days of the application being filed. It must indicate the amount to be paid by the debtor.
Article 62 of Cabinet Resolution No 75 of 2021, amending certain provisions of Cabinet Resolution No 57 of 2018, provides:
1) Payment Order shall be applied if the creditor’s right is evidenced, electronically or in writing, is immediately due, and the entire claim consists of a debt of a specified amount, or a movable asset of a specific type.
2) If the right holder is a creditor with a commercial paper (such as a promissory note or cheque) or the financial claim relates to the enforcement of a commercial contract.
3) The Payment Order process shall not preclude a creditor from claiming compensation or interest, or seeking any precautionary measures.
The creditor has the right to ban the debtor from travelling if the debt amount is more than Dh10,000 and the court may issue a travel ban order upon fulfilment of certain conditions, such as the existence of a reasonable fear that the debtor may run away without repaying the debt. The burden to prove that the conditions for a travel ban issuance are satisfied lies on the creditor.