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Debt Collection Tunisia:
collect your outstanding claims
Are you doing business in Tunisia and have you been waiting for a payment? Unfortunately, non-payment occurs quite regularly in Tunisia. Luckily, that doesn’t have to mean you will never get what you’re owed. Collection Company specializes in effective debt recovery and can make sure that you receive what you are entitled to.
With a smart debt recovery strategy and assistance from local specialists such as bailiffs, lawyers, and legal experts, we ensure a quick and efficient debt collection procedure in Tunisia.
- Nationwide coverage throughout Tunisia
- 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 debt collection in Tunisia
Whether it’s about outstanding invoices, unpaid salaries, or other outstanding claims, waiting for late payments is incredibly frustrating. If your debtor is located abroad, things get even more complicated. Where can you go to collect your money? What are your rights? And who can help you collect the claim?
Collection Company can take these worries off our clients’ hands. As specialists in international debt collection, we have a strong history of successful debt recovery in this country. Our experts know all about the applicable debt collection procedures and local customs in Tunisia. During the procedure we use our broad network of local lawyers and legal experts.
When you transfer your claim to us, we ensure a careful collection process (together with our local specialists). Our contact person will be available to guide the process smoothly and keep you updated on the progress. You won’t face any language barriers or time zone differences. You also have access to your own Online Cockpit, where you can monitor the status of your case.
Why Collection Company for your debt collection in Tunisia?
- 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
Do you have outstanding invoices in Tunisia? Fill out our contact form, and one of our international debt collectors will get in touch with you as soon as possible to discuss your claim.
The debt collection process in Tunisia
In Tunisia we use two debt recovery trajectories to collect your claim: amicable and judicial debt collection. Amicable (also known as extrajudicial or out-of-court) debt recovery includes all efforts to collect your claim without taking your debtor to court.
If these initial steps are not sufficient to recover the outstanding debt, we switch to a judicial debt collection procedure. During this balanced approach, we leverage our local network of Tunisian lawyers, legal experts, and bailiffs to file a lawsuit against your debtor.
- 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
Extrajudicial debt collection
Has the payment deadline of your invoice passed and did you not receive the payment? In that case, it’s usually wise to start an out-of-court debt recovery process as soon as possible. During out-of-court debt collection, we will contact your debtor and remind them of the outstanding debt. We do this through reminders and notices as well as by calling your debtor and sending WhatsApp or email messages.
A friendly debt collection is the most efficient way to recover your money at this stage. Moreover, it allows you to maintain a healthy relationship with your customer. Your debtor may have simply forgotten to pay the invoice or have another reason for the late payment. By not immediately going to court, you may be able to keep the customer, thus preserving business relationships.
During the out-of-court debt recovery phase, we will gradually increase the pressure on your debtor. Ultimately, we will send a final notice. This gives your debtor one last chance to pay the outstanding amount. We will clearly state that we will take legal action if the money is not received by the specified date, which will incur significant costs for your debtor.
Legal procedures in Tunisia
That we will initiate legal proceedings if your debtor does not pay after a friendly collection is not an empty threat. You are entitled to your money, and if the debtor does not pay voluntarily, we will ensure that the court in Tunisia compels them to do so. The nature of the court proceedings will depend on the amount of your claim. Our local specialists know what is the appropriate court for your case within the legal framework of the Tunisian legal system.
Small claims
For relatively small claims, we can file a case with the magistrate’s court in the district of your debtor. This regional court has jurisdiction over claims up to 7,000 Tunisian Dinars (TD).
This court intervention is handled by a single judge who reviews the evidence, hears the parties, and makes a ruling based on that. Both parties have the right to appeal the ruling. The appeal is submitted to the Court of First Instance.
Court of First Instance
Disputes involving more than 7,000 TD are handled by a higher court, namely the Court of First Instance. Each of the 24 governments (wilayat in Arabic) in Tunisia has a Court of First Instance. The case is heard by a panel of three judges who examine the presented evidence, listen to the parties, and make a ruling. If one of the parties wishes to appeal, they can do so at the Court of Appeal.
For cases already handled in first instance by the magistrate and subsequently reviewed on appeal by the Court of First Instance, there is no further possibility for appeal. However, a cassation can be requested from the Supreme Court in Tunis.
Arbitration as an alternative to a Lawsuit
In international business disputes, arbitration is often used as an alternative to settle the disagreement. Arbitration is a recognized form of private adjudication. In arbitration, the case is not decided by a government judge but by an arbitration panel (which is often appointed by the parties themselves).
Arbitration is also an allowed method for resolving business conflicts in Tunisia. The country has signed the New York Convention, which recognizes arbitral awards and ensures their enforcement.
Arbitration is a highly suitable alternative to litigation because it is generally faster. You don’t have to wait for the court to have time to hear your case; the arbitration panel can usually decide almost immediately. Additionally, there is typically no possibility of appeal after an arbitral award, which prevents the case from dragging on for a long time. Another advantage is that the case can be handled behind closed doors.
To use arbitration to settle a dispute, both parties must agree to it. This is usually arranged in advance, for example, in the purchase agreement or the terms and conditions.
Enforcement procedures in Tunisia
Just because the judge or arbitrators declare your claim valid does not mean you have your money yet. What if your debtor refuses to pay even after a judgment from the court or an arbitration award? In that case, we need to enforce the judgment.
We can engage a bailiff (known as Adil Al Tanfeed in Arabic) for this purpose. Bailiffs are public officials appointed by the government who are responsible for collecting debts. They have certain powers that no one else has, such as the ability to seize assets from a debtor.
So, if your debtor does not pay voluntarily, we can engage a bailiff to seize assets of your debtor. For this, we need an enforceable (executory) judgment from the court. The judgment is enforceable if there are no further options for appeal. We can also submit an arbitration award to the court in Tunisia, which will then grant an enforceable title to the arbitration award.
With the enforceable title, the bailiff can seize assets from your debtor. This can include income, bank accounts, goods, and real estate. Seized items or properties are publicly sold, and you will be paid from the proceeds.
Interim attachment
To place a lien on your debtor, there must be something to seize by the time the court has made a ruling. To prevent your debtor from siphoning off money or hiding assets in the lead-up to a court judgment, we can request the judge to impose an interim attachment.
An interim attachment is a protective measure that secures your debtor’s assets until there is a ruling from the court. If the judge rules in your favor, the attachment becomes enforceable.
Bankruptcy of your debtor
Does your debtor say they cannot pay the debt? In that case, we can file for their bankruptcy. Experience shows that most debtors eventually come forward with the owed amount. After all, a bankruptcy has serious consequences for your debtor, who will lose their business and/or assets.
Thus, filing for bankruptcy of your debtor puts a lot of pressure on your debtor. If they decide to pay, we can halt the bankruptcy process. If they do not, we will proceed with the bankruptcy proceedings.
If your debtor cannot meet their payment obligations, the court in Tunisia will declare your debtor bankrupt and appoint a trustee. The trustee will assess your debtor’s assets. All assets will be sold, and payments will be made to you and other creditors (as much as possible) from the proceeds.
Advice about your case?
Fill in your details and we will contact you immediately.
Legal fields of debt recovery
Do you have an outstanding claim in Tunisia? Whether it’s unpaid invoices, overdue salaries, damage claims, or rental arrears, Collection Company ensures that your claim gets paid.
Our debt collection specialists can assist you with claims in the following legal areas:
- Construction Law
- Rental and Leasing
- Purchase and Sale
- Labor Law
- Agency Agreement
- Transportation
- Damages and tortious acts
We provide collection services not only for creditors directly but also for intermediaries such as lawyers and accountants.
Other debt collection services in Tunisia
- Reliable advice on contracts and terms
- Credit information about companies in Tunisia
- Disputes including issues like Retention of Title and Right of Recourse
- Mediating in reaching private settlements and agreements
File your claim in Tunisia
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 +31 70 – 762 0330.
Talk with our expert
Submit your personal information and plan your free consult.
FAQ: Frequently Asked Questions about debt collections in Tunisia
FAQ: What do we need for a collection in Tunisia?
To create a strong position during the debt collection process (and a potential lawsuit), we would like to receive as many documents related to your claim as possible. Think of contracts, invoices, and payment reminders, for example.
We understand better than anyone that your file may not always be complete. That’s not a problem. Together with our collection specialist, you can review which documents you do have to support your claim.
We kindly request (copies of) the following documents:
- (Purchase) contracts and agreements, emails discussing the arrangements, a fax confirmation, etc.
- A summary of the agreements made
- Invoices
- Reminders
- General terms and conditions
- Proof of delivery
FAQ: Is a retention of title valid in Tunisia?
In Tunisia ownership of goods transfers to the buyer at the moment they are delivered. If the buyer then fails to pay for the items, they are still legally considered the owner.
You can prevent this by agreeing to a retention of title. By including a retention of title clause in the purchase terms (or your general terms and conditions), ownership only transfers once the full purchase amount has been paid. If payment is not made, you have the right to reclaim your items. You also have rights to the goods if your debtor goes bankrupt (without such a clause, other creditors also have rights to them).
FAQ: Which languages are spoken in court in Tunisia?
The Tunisian legal system is based on French law due to its colonial past. This is why the courts still bear French names. Although French is still widely spoken, Arabic is the official language. This is also the language used by the courts.
FAQ: Why choose Collection Company for successful debt collection in Tunisia?
If you hire a debt collection agency based in Tunisia, you are likely to face a significant language barrier if you do not speak Arabic. Additionally, it can be challenging to assess which collection agencies you can trust. Most debt collection agencies only handle the extrajudicial process. If you wish to take legal action, you will need to find debt collection lawyers or law firms yourself.
Collection Company works with the best lawyers, bailiffs, and legal experts in Tunisia, but the collection process is coordinated by our English-speaking debt collection specialists. You will have a single point of contact. Collection Company manages the entire collection process, from the amicable phase to the legal proceedings and the final recovery of the funds.
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
