Unpaid Invoices: How to Get Your Money Back Quickly in Morocco

An unpaid invoice is not just lost revenue: it is cash tied up, costs that keep running and sometimes the survival of the business at stake. Moroccan law offers effective tools to recover a commercial debt, provided they are used at the right time and in the right order. Here is the method we apply for businesses in Agadir, Inezgane and the Souss region.

Step 1: check how solid your claim is

Before taking any action, gather the documents proving the debt: contract or purchase order, signed delivery notes, invoices, emails, account statements and any bills of exchange. Ask yourself three questions:

• Is the debt certain (not seriously disputed)?
• Is it liquidated (a fixed amount)?
• Is it due (has the payment date passed)?

Check the time limit too: in commercial matters, obligations are in principle time-barred after five years. Waiting too long can cost you your rights and makes recovery harder in practice.

Step 2: a structured amicable phase

A phone call or email reminder is the first step, but it should quickly be followed by a written formal notice, ideally by registered letter with acknowledgement of receipt or served by a judicial officer (bailiff). The notice sets a payment deadline, refers to the late-payment penalties provided by law or contract and announces legal action. Sent on a lawyer’s letterhead, it is often enough to unlock payment or open serious negotiations (payment plan, acknowledgement of debt).

If the debtor offers to pay in instalments, put it in writing: a signed acknowledgement of debt greatly strengthens your position if they default again.

Step 3: the payment order, the fast track

When the debt is based on a written document and its amount is fixed, a payment order (injonction de payer) is often the most effective procedure. It is filed by application, without a prior adversarial hearing, before the court that has jurisdiction according to the nature and amount of the debt (Court of First Instance or the Agadir Commercial Court). If the judge grants it, the order is served on the debtor, who can challenge it within the legal time limit; otherwise it becomes enforceable.

The procedure is quick and inexpensive, but it requires an impeccable file. An invoice that the customer never accepted and disputes is not well suited to a payment order: ordinary proceedings are then needed.

Bounced cheques

If you were paid with a cheque that bounced, you have powerful levers. The bank records the lack of funds, and issuing a cheque without sufficient funds is a criminal offence under the Commercial Code. A criminal complaint can be filed alongside civil recovery steps. In practice, the prospect of prosecution often prompts the debtor to settle quickly. Other negotiable instruments (bills of exchange, promissory notes) also benefit from dedicated procedures.

Step 4: ordinary proceedings when the debt is disputed

If the debtor disputes the quality of the goods, the performance of the service or the amount, the case must go to court on the merits. The Agadir Commercial Court has jurisdiction over most disputes between traders. The procedure takes longer: written submissions, sometimes an expert report, then a judgment open to appeal. This is why a well-drafted commercial contract matters: it narrows the room for dispute.

Protecting the debt during proceedings: protective attachments

If you fear the debtor will make themselves insolvent, you can ask the judge for permission to carry out a protective attachment, for example on bank accounts or assets. The funds or property are frozen pending judgment. This measure is often decisive in obtaining swift payment.

Step 5: enforcing the judgment

A judgment or order is only worth something once enforced. Enforcement goes through the court’s enforcement department and judicial officers: attachment of bank accounts, seizure of movable property and, in some cases, of real estate. Careful follow-up at this stage makes all the difference.

What if the debtor is in financial difficulty?

If safeguard, recovery or liquidation proceedings are opened against your customer, you must lodge your claim within the legal time limit, or you may lose the right to enforce it. See our article on businesses in difficulty in Morocco.

Prevention is better than cure

• Ask new customers for a deposit.
• Have delivery notes signed and keep them.
• State payment terms and late-payment penalties on your invoices.
• Do not let one customer’s arrears build up.

Your debt recovery lawyer in Agadir

The office of Maître Said Laachili assists businesses and individuals in Agadir and Inezgane at every stage of recovery: formal notice, payment orders, complaints for bounced cheques, proceedings on the merits and enforcement, as part of its commercial law and banking law practice. For a broader view of business law, also read the guide to setting up an SARL in Agadir.

A debt to recover? Send us your file.