Documenting the debt is one of the most important means that individuals use to prove the debt before the judiciary when any dispute or disagreement related to the debt occurs, as it isProof debt orDocument it One of the most important ways to oblige the debtor to pay and not deny the amount of the debt or the date of payment, and because the Kingdom of Saudi Arabia strives to achieve justice and preserve the rights of individuals, the Saudi regime documented the debt in order to relieve the creditor of embarrassment when claiming his rights.
In this article, we will talk about ways to prove debt and how to document it electronically. If this topic interests you, continue reading the article and you will find a comprehensive guide to everything you want to know about this topic……..
Ways to prove debt in the Saudi system?
There are several ways to prove the debt, including writing the debt and witnessing it, and obtaining an official document for the debt and a promissory note. Here is a breakdown of each of the methods:
Writing and bearing witness to debt
Writing plays an extremely important role in proving all financial transactions that occur between individuals. In addition, the Saudi legislator has stated in the system of pleadings that there are two ways to prove debt, either in writing or by documenting it in a regular paper or an official paper. The difference between them is that the official document is Issued by a public employee who records what he receives from stakeholders according to what his specialty dictates and in accordance with legal conditions.
– As for the regular documents It contains the signature, seal, or fingerprint of the person from whom it was issued. Then he certifies this document on another piece of paper to give it additional strength when proving before the judiciary or when the debtor denies the debt.
Obtain an official declaration issued by the debtor
In order for the creditor to obtain an official acknowledgment of the debt, both the creditor and the debtor must apply an To order Document the debt in an official document from a notary, because the notary’s specialty is to document debts, write important data, and produce an official document proving the debt so that both parties can guarantee their rights.
Also, Article 74 of the Saudi judicial system stipulates that the notary public is responsible for documenting contracts and seizing all declarations other than endowments and wills.
We also clarify that papers issued by a notary public under his jurisdiction have the force of proof before the judiciary, and their content must be acted upon before the courts. Without any Additional evidence, it may not be objected to or appealed unless it violates the legal texts or has been falsified.
Article 140 of the Code of Sharia Procedure also states that the court has the authority to assess everything that results from scratching, erasing, and all material defects present in the document to reduce its value upon proof. If there is doubt in the court about the authenticity of the paper, it has the right to ask the employee responsible for issuing this paper. To clarify the truth.
Promissory note
The check is usually used as a means of guarantee in documenting debts, especially when the debtor is late in Payment when the debt is due, and because the check is considered a means of repaying the debt and not a means of guarantee, the guarantee is not considered one of the functions of the check, and in the event that the paper holder obtains a check for free or for a small amount, it is not It is enough To pay the value of the debt, and he did so intentionally, it is considered a violation of the commercial paper system in Saudi Arabia.
In contrast, a promissory note is an instrument of guarantee and fulfillment For debt If the time for repaying the debt has come, and the bond includes a pledge from the bond issuer to pay a specific sum of money to the account of a person called the beneficiary, there are some important data. that The promissory note includes:
– Writing the word (promissory note) at the beginning of the instrument and in the language in which the instrument is written.
– A pledge issued by the debtor to pay a specific sum of money, and the pledge must not be conditional
– due date.
– The place of repayment of the debt.
– The name of the person to whose account the debt must be paid.
– The time of creating the bond and the place of creation.
– Signature of the deed editor.
How to document debt electronically in Saudi Arabia?
You can document the debt electronically by following the following steps:
- Log in to the notary application.
- Choose the debt acknowledgment service.
- Determine the place where the documentation process takes place.
- Choose the appropriate notary offer, as this notary records the data of both parties and certifies the delivery of the amount.
- An official document is printed to prove the debt between the two parties.
Acknowledgment of debt through Najiz
The debt acknowledgment service on the Najez platform is an electronic service, the primary goal of which is to facilitate and simplify the process of acknowledging debts and financial dues between individuals.
The platform provides a safe and reliable environment for the creditor and debtor through which they can exchange information and communicate regarding the amounts owed.
Terms of use of the debt acknowledgment service via Najez
- The age of all parties to the declaration must be over 18 years.
- One of the parties to the declaration must not be mentally deficient.
- The agency must be valid if the applicant is an agent.
- The total amount of debt declarations must not exceed 3 million riyals in one Hijri year.
- The number of debt declarations should not exceed 5 declarations in one Hijri year.
Steps to document the debt through Najez
- Log in to the Najez portal with the national access account.
- Then choose All electronic services.
- You must choose a package (agencies and declarations).
- Then you enter the (Debt Acknowledgment) service.
- Then click on (Submit a new application).
- You then enter the declaration data.
- Then click on the (Approval) icon.
- The beneficiary will be notified by text message with the application number.
Extracting (paper or bond) proving a debt between two people in Saudi Arabia
A paper proving a debt is a document that is written in different formats and forms. Here is an example of a “paper or bond” proving a debt between two people in Saudi Arabia:
Model And formula proof of debt
A debt instrument
I, the undersigned, hereby confirm ………………………….., civil status number ……………., place of residence.. …………….., I declare that, with full mental and physical strength, and legal competence, I have borrowed a sum of money from Mr. ……………. Its value is ……………… Saudi riyals only.
I also undertake to pay this amount in full on …………/……………./…………. .., corresponding to………/…………/………
God grants success
Debtor’s signature/…
Nationality/….
The civil status number of the debtor/…
Debtor’s address/…
Bank account number / …
Bank name ….
Guarantor name/…
His signature……
Best debt collection Lawyer in Saudi Arabia
If you have a dispute related to financial claims and debts and want to resort to litigation, do not hesitate to contact the debt collection laws & experts of Al Othman Law Firm, because they have legal experts who have more than 15 years of experience in commercial systems. Further, the experience of their staff of consultants exceeds 22 years in Saudi commercial systems, and Al Othman Company includes the best debt collection lawyers in Saudi Arabia and Riyadh.
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Conclusion
In conclusion, documenting debt is necessary in the Kingdom of Saudi Arabia to ensure justice and transparency in financial and religious transactions, and by following the legal procedures we mentioned and cooperating with the competent authorities, individuals and institutions can obtain correct legal documentation of debts, and these steps also enhance trust between parties. Contracting contributes to building a stable and reliable economic business environment in the Kingdom.
If you want to document the debt legally, you must seek the help of a specialized lawyer, and one of the best law firms in the Kingdom is the Al Othman Law Firm, because it includes a group of specialists with years of experience, so do not hesitate to contact them.
Call Al Othman office on +966-535-008-888
