EN
NL
Debt Collection Morocco:
collecting your claim
Are you still waiting for payment on an invoice you sent to Morocco? Does your Moroccan debtor not reply to your messages? Non-payment is incredibly frustrating, but unfortunately, it happens all too often.
Fortunately, Collection Company has the resources needed to collect your debt in Morocco. We have a wealth of knowledge and experience in international debt collection and collaborate with the best debt collection specialists in Morocco. These lawyers, legal experts, and bailiffs assist us on the ground for a successful debt recovery.
- Nationwide coverage throughout Morocco
- One dedicated English-speaking contact
- Proven track record
- Tailor-made services for each case
- Expert advice and a transparent process
- 24/7 online access
Specialized in Moroccan debt collections
Late payment is unfortunately not uncommon in Morocco. Although Moroccan law stipulates that invoices must be paid within 60 days, it takes an average of 83 days for payment to actually occur. Often, a debt collection process is necessary to recover your unpaid debts.
But how does that work in Morocco? You are outside the country, and your debtor is in Morocco. You likely do not speak Moroccan and are unfamiliar with the Moroccan legal system.
A debt collection agency has the knowledge that is necessary to recover your money. We know exactly how to recover your money as quickly and efficiently as possible. Therefore we make use of a network of local debt collectors who are fluent in Moroccan.
When you assign your claim to us, you have one clear English-speaking point of contact. This international debt collection specialist coordinates the process and, when necessary, engages local attorneys, lawyers, and bailiffs. As a creditor, you can monitor the progress of the process through your own Online Cockpit.
Why Collection Company for your debt collection in Morocco?
- Global coverage
- One dedicated English speaking contact
- Specialized in international and local laws
- Extensive network with local specialists (international lawyers and bailiffs)
- Seamless connection from extrajudicial to judicial action
- Effective local approach
- 24/7 tracking through your own Online Cockpit
Submit your claim now?
Do you have outstanding claims in Morocco? Enter your details, and one of our debt collection specialists will contact you as soon as possible to discuss your claim.
The debt collection process in Morocco
When collecting your claim, we have the option of an amicable (extrajudicial) debt collection process or a legal procedure. Generally, we first try to collect your claim without going to court through an amicable procedure, as this is the quickest solution.
If that doesn’t work, we will initiate judicial proceedings at one of the courts in Morocco, with the support of our Moroccan lawyers and legal experts.
Below, we explain what both the extrajudicial and judicial procedures look like in Morocco.
- Upload your invoice online
- We'll start your case
- We'll start with the debt collection process
- Together we decide the best strategy for collecting your debts
- Monitor the status of your case 24/7
- Any questions? Your personal accountmanager will answer them all!
- Your invoice is payed
Out-of-court debt collection
In most cases, we recommend starting the debt collection process with an amicable debt recovery procedure. Perhaps your debtor simply forgot to pay the invoice or has another valid reason for the late payment. By not immediately going to court, your relationship with your debtor won’t suffer right away.
Out-of-court or amicable debt collection typically has the desired effect. We send your debtor payment reminders and notices (in Moroccan Arabic, Berber, or French) and gradually increase the pressure if payment is not received.
Eventually, we inform your debtor that we will initiate legal action and that there will be costs (such as court fees, legal fees etc.) associated with this. Most debtors don’t let it go that far and end up paying.
Legal procedures in Morocco
If your debtor does not pay during the amicable phase, we will (with your consent) initiate legal proceedings. Which court we need to go to depends on the amount and the type claim.
Court of first instance
If your debtor is an individual, we will file your claim with the civil chamber of the Court of First Instance. Your debtor will be summoned by the court and can then submit a defense. The judge will review the evidence presented by both parties and schedule a hearing. During this hearing, both parties can present their evidence. The judge will then issue a ruling.
If the claim is equal to or less than 3,000 dirhams, the judge’s ruling is final within the Moroccan legal framework. In disputes involving higher amounts, both parties can appeal to the Court of Appeal.
Commercial Court
Is your debtor a business client and is the claim higher than 20,000 dirhams? Then we need to file a case with the Commercial Court. Business disputes involving amounts below this limit are handled by the Court of First Instance.
If your debtor does not dispute the claim (they do not contest the claim but do not respond), the parties do not even need to appear in court, and the president of the Commercial Court will issue a payment order directly.
If your debtor does dispute the case, a lawsuit will follow, in which both parties can submit their evidence and present it during a hearing. The president of the Commercial Court will then make a ruling.
Arbitration as an alternative to a lawsuit
An alternative to a court intervention is arbitration. This is a form of private adjudication where (debt related) disputes are resolved not by a government judge, but by an arbitration panel. The arbitration panel has the authority to issue a binding decision.
Moroccan law recognizes arbitration as a method for resolving international disputes, and Morocco has committed to the New York Convention. This convention stipulates that cases resolved by an arbitration panel generally cannot be brought before a government judge.
To initiate an arbitration case, you must agree to this with the other party (your debtor). This can be done in advance by including it in the purchase agreement or in your terms and conditions. However, it is also possible to agree with your debtor to settle the matter through arbitration after the conflict has arisen.
The advantage of arbitration is that you typically receive your money faster. Court procedures have extensive appeal options, which can prolong cases significantly. In arbitration, there is usually no opportunity for appeal (depending on what has been agreed), making the decision immediately enforceable.
With an arbitration award, a Moroccan bailiff can seize assets from your debtor.
Enforcing court decisions in Morocco
Once the Commercial Court or the civil chamber has issued a payment order or rendered a judgment, your debtor must pay the outstanding debt (along with any costs incurred during the process). If they fail to do so, we can enforce the judgment through a bailiff. For this, we must return to the court where the case was heard.
The judge can then instruct a bailiff to seize assets from your debtor. The bailiff can seize bank accounts and other possessions. Seized goods will be sold at public auction, after which you will be paid as a creditor.
Interim measures
You certainly don’t want your debtor to hide assets, leaving you empty-handed after a legal process because there’s nothing left to collect. That’s why it’s wise to have a preliminary attachment placed.
The judge has the authority to freeze bank accounts and seize goods in the lead-up to the lawsuit. This way, your debtor no longer has access to these assets, and they cannot be concealed as long as the case is with the court.
To have a preliminary attachment imposed, we need to demonstrate that there is a likelihood that your debtor will not voluntarily make payment once there is a ruling from the judge.
Insolvency proceedings
A powerful tool to compel your debtor to pay is a bankruptcy petition. As a creditor, you have the right to request your debtor’s bankruptcy if they fail to pay your invoice. Once your debtor is declared bankrupt, they lose their business and/or nearly all of their assets. Most non-payers will do everything possible to avoid this and will pay the outstanding debt. Once we have received your money, we can withdraw the bankruptcy petition.
If your debtor is a company, we need to file the bankruptcy petition with the commercial court. A personal bankruptcy must be filed with the civil court.
When the judge declares your debtor bankrupt, a trustee is appointed to inventory the assets, publicly sell them, and try to pay all creditors.
If there are additional creditors, they have two months to come forward with their claims. Creditors from abroad have four months to submit their claims to the trustee.
Advice about your case?
Fill in your details and we will contact you immediately!
Legal fields of debt collection in Morocco
Do you have an outstanding claim in Morocco? At Collection Company, we collect claims in various legal domains. We recover unpaid invoices as well as damage claims or claims related to rental or purchase disputes.
We specialize in claims within the following legal areas:
- Construction Law
- Rental and Leasing
- Purchase and Sale
- Labor Law
- Agency Agreements
- Transport
- Damages and Tortious Acts
Collection Company not only provides debt collection services directly for creditors but also for intermediaries such as lawyers and accountants.
Other debt collection services in Morocco
- Reliable advice on contracts and terms
- Credit information about companies in Morocco
- Disputes including issues like Retention of Title and Right of Recourse
- Mediating in reaching private settlements and agreements
Start your debt collection in Morocco
You can submit your debt collection case directly to us via our debt collection registration form. Would you like to consult with one of our legal professionals first? Leave your details or call us at +3170 – 410 2800.
Talk with a specialist
Submit your personal information and plan your free consult.
FAQ: Frequently Asked Questions about debt collection in Morocco
FAQ: What do we need to recover a debt in Morocco?
To recover debts in Morocco, we need documents that support your claim. This could include contracts, sent invoices, and payment reminders or dunning letters.
Often your case file is not instantly complete. That’s not a problem; we can also support your claim with email correspondence or other evidence. You can discuss with our debt collection specialist how we can prove your claim.
We kindly request (copies of) the following documents:
- Contracts or agreements, emails discussing the arrangements, a fax confirmation, etc.
- A summary of the agreements made
- Invoices
- Payment reminders
- General terms and conditions
- Proof of delivery
FAQ: Is a retention of title valid in Morocco?
A retention of title is a clause in the purchase conditions that ensures ownership of delivered goods only transfers to the buyer once the full agreed upon amount has been paid. Such a retention of title is legally valid in Morocco. If your customer fails to pay and a retention of title is included in the purchase conditions, you have the right to reclaim the delivered goods. This is particularly important if your debtor goes bankrupt.
FAQ: What is the statute of limitations for claims in Morocco?
Monetary claims must be brought before the court in Morocco within five years after the invoice’s expiration date. After this period, it is no longer possible to collect your claim through the court.
FAQ: What language is spoken in the Moroccan court?
Although many courts still have French names, Arabic is the official language used during legal proceedings. Parties are allowed to use an interpreter during the hearings.
FAQ: Why choose Collection Company to recover your debts in Morocco?
Collection Company works with local debt collection specialists in Morocco. You don’t have to search for local law firms, a debt collection lawyer or bailiffs, and you won’t face any language barriers. As a creditor, you communicate with our English-speaking contact person, who manages the debt collection process and makes use of the best debt collection practices. Contrary to most debt collection agencies Collection Company can handle the entire collection process for you, from the out-of-court procedures to a lawsuit.
Why 40.000 customers tried our services
- The #1 collection company in the Netherlands and abroad
- Regional & local specialists
- Years of experience with international invoices
- Your own personal contact
- Extensive advice on the legal process
- Monitor the status of your case 24/7
Meet our specialized legal team
Joost Konings LLMLaw expert- May Leung LLMLaw expert
- Wesley Boeters LLMInterim lawyer
