Financial Claims Without Proof in Saudi Arabia

Financial claims are any financial claims owed to individuals or companies, including claims for unpaid debts and other types of financial losses.

The parties involved in the claim can try to negotiate a settlement directly with each other, and this is often the most efficient and cost-effective way to resolve the claim or bring a claim to court, it is time-consuming and expensive, but it may be necessary if the parties Participating in a claim is unable to reach a settlement through other means, but the party entitled to it must provide evidence to substantiate these financial claims.

 What happens if the financial claim is without proof? In this article, we will talk about the conditions for a financial claim without proof, so stay tuned……

Methods of proving a financial claim

There are many ways to prove a financial claim, and these are some examples:

1. Contracts and documents: Contracts and documents signed between parties can be used as evidence of a financial claim.
2. Invoices and receipts: Invoices and receipts are important evidence of a financial claim, and must contain accurate details about the amount owed and the services or goods provided.
3. Records of financial transactions: Records of financial transactions such as books of accounts and bank records such as remittances can be used as a means of proving a financial claim.
4. Deed: If a debt is granted or a formal loan contract is made, it can be used as evidence of a financial claim.
5. Witnesses: In some cases, the testimony of an independent witness can play an important role in proving a financial claim worth less than 100 thousand riyals.
6. Electronic Evidence: In the modern era, email, text messages, and social media communication can be used as electronic evidence of a financial claim.

Financial claim without proof

A financial claim without proof means that the creditor does not have any evidence of what he is demanding. When the right holder files a financial claim to the court, he must have evidence and documents that prove this, and confirm that he has the right and the debtor has not paid his debt, but every rule has exceptions. Sometimes the creditor and the debtor may have a kinship relationship or a social relationship between them, so the creditor does not write a document for the debt or prove it, and therefore the creditor does not have evidence to present to the court, and here the dispute occurs as the debtor takes advantage of the opportunity and refrains from paying the debt.

Conditions for filing a financial claim without proof in Saudi Arabia

When filing a financial claim without proof, there are a set of conditions that must be followed:

• The plaintiff must explain the financial right he is claiming, by stating the facts of the case in detail and clearly.
• The amount must be specified and the location of the defendant must also be specified.
• Provide evidence showing that the defendant objects to paying the debt, in addition to mentioning the names of witnesses who witnessed the incident.
• Appointing a specialized lawyer to follow up on all legal procedures, and asking the defendant to take an oath. This system is mentioned in the Code of Procedure in proving financial claims.
• The lawyer registers the case and sets a date to begin discussing the case.

Call  Al Othman office on +966-535-008-888

How to file a financial claim without proof in Saudi Arabia

The procedures for filing a lawsuit are:

• Prepare the claim statement and prepare it in accordance with the legal conditions, detailing the incident in detail.
• Submitting the claim statement to the court, along with presenting evidence, if any.
• The case is registered and given a number, and the number must be kept to complete the case procedures.
• The date of the first hearing to consider the case is generally set.
• Then the rest of the sessions are followed up, as the lawsuit may take from 3 to 5 sessions or more depending on what the lawsuit requests.
• If there is no evidence or proof of the case, the plaintiff brings witnesses, if any, or asks the defendant to take an oath, and the court has the right to consider the matter and issue a ruling.

Possible Evidences in a financial claim case without proof

Articles 40, 41, 43 and 45 of the Code of Procedures set out the basis for requests in a financial claim case, which are:

• Article 40 mentions the nature of the court competent for such lawsuits, which is the court located in the place of residence of one or both parties to the lawsuit.
• Article 41 states that the plaintiff is required to submit a statement of claim containing his signature in addition to all the data and matters pertaining to the case in full.As a place Residence, the names of the two parties, the value of the amount agreed upon, all the details occurring between the two parties, and the dates related to the debt, with the newspaper stamped at the request of the court.
• While Article 43 clarifies the court’s procedures in terms of times and notifications.
• Article 45 confirms that the defendant must leave a defense memorandum in the general court 3 days before the date of the hearing, or one day before in other courts.

Judgment procedures in a financial claim case without proof

• Witnesses must be presented to the debt incident between the two parties.
• If witnesses are not present, the defendant takes an oath.
• If the defendant refuses to swear, the charge will be proven against him, and a ruling will be ruled in favor of the plaintiff.
• Sometimes the defendant may acknowledge the right he owes to the plaintiff, and sometimes the defendant denies this right, which may lead to the plaintiff losing the right.

Form of a financial claim without proof

Financial claim lawsuits in Saudi Arabia take a specific form. The following is an example of financial claim lawsuits in Saudi Arabia:

Date of issuance of the bond/………….

residence/…………

phone number/………

P.O. Box……E-mail………..

Civil Court Area……………….

claimant:

Plaintiff’s name…….QID number…….Place of residence

The appointed lawyer……. Power of attorney bond……

Defendant

Defendant’s name…………..residence…….

Type of claim required: recovery of a sum of money

Case facts:

The plaintiff works for …………. In the year…………, a material transaction occurred between the plaintiff and the defendant, where the defendant works in ……….. and the plaintiff paid the debtor a sum of money amounting to ……………Saudi riyals, and given the existence of a strong social bond between them; No legal proof was written, and when it appeared that the defendant was not committed to paying, even though the plaintiff claimed his right more than once, he did not show any real intention to pay and repay the financial dues owed to him. In view of this matter, on behalf of my client, I ask you, Your Excellency:

Restricting the lawsuit and setting the earliest date for the hearing.

Obligating the defendant to pay the financial dues.

Obligating the defendant to pay all lawsuit fees.

You have our great appreciation and respect.

Presented to you by: …………………….. Agent for …………………….. Signature ………………

Hiring a financial claims lawyer in Riyadh

If you have a dispute related to financial claims or debt collection and want to resort to litigation, do not hesitate to contact the debt collection and financial claims experts at Al Othman Law Firm, because they have legal experts and lawyers with more than 15 years of experience in Saudi systems and the experience of their staff of consultants exceeds 22 years in Saudi commercial systems. Al Othman Company includes the best financial claims lawyers in Saudi Arabia and Riyadh.

Al Othman Lawyers and Consultants are happy to serve you, so do not hesitate to contact them and consult them, as the Al Othman Law Office is considered one of the best offices in the Kingdom.

Call  Al Othman office on +966-535-008-888

Conclusion

In conclusion, financial claims in Saudi Arabia can be resolved through a variety of methods, including direct negotiation, mediation, arbitration and litigation. The choice of the method of resolving the dispute depends on a number of factors, including the nature of the claim, the relationship between the parties involved in the claim, The costs and benefits of each method.

If you have a financial claim, you should consult an experienced attorney to discuss your options and to help you choose the dispute resolution method that best suits your needs.