Debt Recovery in Morocco: Legal Procedures for Foreigners

Overview: Debt Recovery in Morocco

Recovering an unpaid debt in Morocco follows a structured legal pathway that progresses from extrajudicial demand to court action to enforcement. Moroccan law provides several procedural tools adapted to different situations: the injonction de payer (fast-track injunction) for clear-cut unpaid invoices, ordinary civil or commercial litigation for disputed claims, and a range of enforcement mechanisms once a judgment is obtained.

For foreign creditors — companies or individuals based outside Morocco who are owed money by a Moroccan debtor — the process is the same as for domestic creditors, with some additional steps relating to document translation, service of process, and the need for local legal representation.

This guide walks through the main stages of debt recovery in Morocco and the practical considerations for foreign creditors.

Step 1 — Extrajudicial: Demand Letter (Mise en Demeure)

Before filing any court action, it is standard practice — and often a legal prerequisite — to send a formal demand letter (mise en demeure) to the debtor. The mise en demeure:

• Formally puts the debtor on notice that payment is overdue
• Specifies the exact amount owed, the legal basis (contract, invoice number, date), and a deadline for payment (typically 8 to 15 days)
• States that court action will follow if payment is not made
• Interrupts the prescription period — critically important for older debts approaching the limitation deadline
• Triggers the running of legal interest (intérêts moratoires) under Articles 226-228 of the Dahir des Obligations et Contrats (DOC)

The mise en demeure should be sent by registered mail with acknowledgment of receipt (lettre recommandée avec accusé de réception), or delivered by a huissier de justice (court bailiff) for maximum evidentiary value. Sending it through an attorney adds weight and signals that the creditor is serious about legal action.

If the debtor pays or engages in good-faith negotiation, the matter can be resolved without court proceedings. If not, the creditor proceeds to judicial recovery.

Step 2 — Fast-Track: Injonction de Payer

The injonction de payer (payment injunction) is a fast-track procedure under Articles 155-163 of the Code de Procédure Civile (CPC), designed for debt claims that are certain, liquid, and due — where there is no genuine dispute about the existence or amount of the debt.

When to Use It

• Unpaid invoices for delivered goods or services
• Dishonored checks (chèques impayés)
• Unpaid rent under a signed lease
• Loan repayments due under a signed contract
• Any documentary debt where the obligation is established by written evidence

The Procedure

1. File a petition: The creditor (through an attorney) files a petition (requête) at the court registry, attaching all documentary evidence of the debt. The procedure is ex parte — the debtor is not heard at this stage.
2. Judge's review: The president of the court (or a delegated judge) reviews the file. If satisfied that the debt is established, the judge issues an ordonnance d'injonction de payer within a few days to a few weeks.
3. Service on the debtor: The order is served on the debtor by a huissier de justice. The debtor has 15 days from service to oppose the order (faire opposition).
4. No opposition: If the debtor does not oppose within 15 days, the creditor requests the judge to make the order enforceable (apposition de la formule exécutoire). The order can then be enforced like any court judgment.
5. Opposition: If the debtor opposes, the case converts to ordinary litigation (procédure ordinaire) before the same court, and the matter is debated at a hearing.

The injonction de payer is the most efficient tool for undisputed debts. When the documentary evidence is solid, it can result in an enforceable order in 1 to 3 months — compared to 6 to 18 months for ordinary litigation.

Step 3 — Ordinary Civil or Commercial Litigation

When the debt is disputed, or when the injonction de payer has been opposed, the creditor must pursue the claim through ordinary adversarial proceedings. The procedure involves:

• Filing the summons (assignation): The creditor's attorney files a formal summons (assignation à comparaître) before the competent court, stating the claim and its legal basis
• Service: The summons is served on the defendant by a huissier de justice; if the defendant is abroad, international judicial assistance procedures apply
• Hearings: The parties exchange written submissions (conclusions) and appear at hearings before the judge
• Evidence: Each party presents its evidence — contracts, invoices, correspondence, expert reports if needed
• Judgment (jugement): The court issues a judgment, typically awarding the debt plus interest and legal costs (dépens) if the creditor succeeds
• Appeal: Either party may appeal to the Cour d'Appel within 30 days of the judgment

Which Court Has Jurisdiction

Territorial jurisdiction is generally determined by the domicile of the debtor (defendant). Subject-matter jurisdiction depends on the nature and amount of the claim:

• Tribunal de Première Instance (TPI) — Civil section: For claims involving individuals not acting in a commercial capacity; no minimum amount
• Tribunal de Première Instance — Commercial section (Tribunal de Commerce): For business-to-business disputes where both parties are merchants (commerçants) and the dispute concerns a commercial act; competent for claims above MAD 20,000 in most jurisdictions
• Juge de Paix / Section de Paix: For minor claims below certain thresholds in smaller localities

For international disputes, Moroccan courts have jurisdiction when the debtor is domiciled or has assets in Morocco, or when the contract specifying Moroccan jurisdiction is valid.

Interim Measures: Saisie Conservatoire

Before or during litigation, a creditor who fears the debtor may dissipate assets can apply for a saisie conservatoire (pre-judgment asset freeze). This is a provisional measure obtained urgently (en référé) before the president of the court:

• The creditor must show a prima facie case for the debt and an urgency that justifies the measure
• The court may order a freeze on bank accounts, vehicles, or other movable assets
• The saisie conservatoire converts to a saisie exécutoire (enforcement seizure) once a final judgment is obtained
• The creditor may be required to provide a guarantee (caution) to protect the debtor against wrongful attachment

Enforcement: Collecting the Judgment

A judgment ordering payment of a debt is enforced through the huissier de justice, who is an officer of the court specialized in enforcement. The principal enforcement tools are:

Saisie-Arrêt (Garnishment)

The most frequently used tool. The huissier serves the saisie-arrêt on third parties who owe money to the debtor — typically the debtor's bank. The bank is ordered to freeze and pay the attached funds to the creditor. Separate saisie-arrêts can be served simultaneously on multiple banks to maximize the chance of locating funds.

Saisie Mobilière (Seizure of Movable Assets)

The huissier physically inventories and seizes movable assets of the debtor (vehicles, equipment, stock). These are then sold at public auction, and the proceeds are paid to the creditor.

Saisie Immobilière (Real Property Enforcement)

For larger debts, the creditor can initiate a saisie immobilière — a formal process for seizing and selling the debtor's real property. This is more complex and expensive than other enforcement measures, requiring publication in the official gazette and a court-supervised auction.

Cross-Border Debt Recovery

When the creditor is foreign and the debtor is in Morocco, the foreign creditor should:

• Retain a Moroccan attorney to file and conduct the proceedings (foreign attorneys cannot appear before Moroccan courts)
• Ensure all documents are in Arabic or accompanied by certified Arabic translations
• Have the power of attorney to the Moroccan attorney authenticated appropriately (consulate or apostille)
• Consider whether a bilateral commercial treaty between Morocco and the creditor's country provides for simplified debt recovery
• Check whether an exequatur (recognition) of a foreign judgment is an alternative to new Moroccan litigation — useful when there is already a foreign judgment against the Moroccan debtor

Prescription Periods

Debt claims that are not pursued within the applicable prescription period become unenforceable. Key periods under Moroccan law:

• Commercial debts (between merchants): 5 years from the date the debt became due (Code de Commerce, Article 5)
• General civil contract debts: 15 years under the DOC (Dahir des Obligations et Contrats)
• Employment claims: 2 years from the date of departure from the company (Labour Code)
• Dishonored checks: 1 year from the date of presentation for payment
• Bills of exchange: 3 years from maturity date

The prescription is interrupted by a formal mise en demeure, an acknowledgment of debt (reconnaissance de dette), or the filing of a court action. A new prescription period then begins from the date of interruption.

Frequently Asked Questions

Can a foreign company or individual recover a debt through Moroccan courts?

Yes. A foreign creditor can file debt recovery proceedings before Moroccan courts when the debtor is domiciled or has assets in Morocco. The foreign creditor has the same rights as a Moroccan creditor and must be represented by a Moroccan attorney. All documents must be in Arabic or with certified translations.

What is an injonction de payer and how does it work?

An injonction de payer is a fast-track payment injunction for clear-cut undisputed debts (unpaid invoices, bounced checks). The creditor files a petition ex parte (without the debtor being heard). If the judge issues the order, it is served on the debtor who has 15 days to oppose. If no opposition, the order becomes enforceable. Typical timeline: 1 to 3 months for an uncontested order.

What assets can be seized to enforce a debt judgment in Morocco?

A huissier de justice can enforce a judgment by: saisie-arrêt (freezing bank accounts), saisie mobilière (seizing movable assets for auction), and saisie immobilière (seizing and selling real property through court process). Bank account garnishment is the most common and quickest enforcement tool.

How long does debt recovery take in Morocco?

An uncontested injonction de payer: 1 to 3 months. Ordinary civil/commercial litigation: 6 to 18 months before first instance court. Enforcement after judgment: 1 to 6 months. Cross-border cases with international service can add 3 to 6 months at each stage.

What is the prescription period for debt claims in Morocco?

Commercial debts (between merchants): 5 years (Code de Commerce Art. 5). General civil debts: up to 15 years (DOC). Labor claims: 2 years. The period is interrupted by a mise en demeure, acknowledgment of debt, or court filing. Acting promptly is essential to preserve the right to sue.