A promissory note is a commitment owed by its owner to pay a sum of money at a specified date to a person, and this bond includes the signature of both parties. the competent court.
Therefore, in this article, we will show you the subject of appealing the bond, its conditions and procedures, the objection case against the bond to order, and more.
The appeal of the bond for an order
Appeal against the promissory note is a legal procedure that you can take when in the event that you object to the outcome of the execution of this promissory note, where the writer of the promissory note objects to the enforcement procedures or the judicial ruling, by the writer of the promissory note submitting the promissory note for the order required to be paid after the period has passed The agreed time period as stipulated in Article 90 of the Commercial Papers Law.
Is it possible to challenge the promissory note in Saudi Arabia?
Of course, you can appeal against a promissory note in Saudi Arabia if you have been harmed and want to appeal against a decision issued against you. In this case, you can appeal before the court that issued the judgment.
When is an appeal against a promissory note in Saudi Arabia?
An appeal is made against a promissory note in Saudi Arabia according to the laws in force in the Kingdom of Saudi Arabia, but this appeal must be submitted within a certain period after the issuance of the promissory note.
How to appeal an execution order for a promissory note
Appeal and objection to the execution order of a document for an order: It is an appeal against the execution order or the judicial ruling that was issued in this regard, and it must be adhered to when submitting the document to a payment order, and that is after a period of time to be agreed upon, and this is based on what was stated in Article 90 of the system commercial papers
In order to appeal against an execution order, there are some legal conditions that must be adhered to:
Conditions for objection or appeal against a promissory note
- If the reason for appealing the judgment is related to the entitlement, this is done by filing a lawsuit in the General Court if the contract is civil, and in the event that the contract is commercial, the lawsuit is filed in the Commercial Court.
- In this case, a request must be submitted to object to a promissory note after maturity, as there is no commercial or civil connection, and if you signed the promissory note and were not aware of the matter, you have no right to appeal because you signed and guaranteed the promissory note on condition.
- If the appeal against the bond is for the purpose of stopping the execution of the entitlement, then you should not accept the lawsuit and reject it in the competent court.
- If the time specified for the appeal has passed, then you do not have the right to object to the issued ruling.
- The parties may object to a document of an order before the Court of Execution through:
- That the appeal be made before it takes place in the Court of Execution by requesting the creditor to deliver a bond to the order of the debtor who has paid the amount.
- Also, in the event that the bond or signature was forged, or the signature was coerced, the appeal is made, also in the event that the amount mentioned in the bond is greater than the amount owed by the debtor. In this case, the court is requested an urgent request in order to consider the appeal.
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An objection case against a promissory note in Saudi Arabia
The case for objection to the promissory note is called: “the case for the prevention of a financial claim.”
What is the competent court to consider an objection to a promissory note in Saudi Arabia?
The court that has jurisdiction over the objection to a promissory note is the Execution Court.
What is the timing of objection to a promissory note?
The disputing parties may object to a promissory note with the Execution Court through:
- That the appeal be made before it takes place in the Court of Execution by requesting the creditor to deliver a bond to the order of the debtor who has paid the amount.
- The appeal is made when it is presented to the court in the event that the bond or signature was forged or the signature was coerced, or in the event that the amount mentioned in the bond is greater than the amount owed by the debtor. In this case, the court is asked to urgently request to consider the appeal.
Appeal formula for forging a promissory note in the Execution Court
The name of the court: ………….. The competent authority in the case: …………..
Claim B: …………………………………………
Submitted by the lawyer: …………….. affiliated to the office of: …………….. and this in his capacity as an agent For the Plaintiff: …………. Against the Defendant: ……………….
The plaintiff requested …………… in the circuit of No.:…… in …………….. to oblige the plaintiff to pay an amount of ………., based on a promissory note and adopted it as a means of safety And to protect him, on the date of ………..and the document that was used is illegal and the signature on it is forged, and he did the following:
- ………………………………………
- ……………………………………
The reasons for requesting a stay of execution shall be written.
Requests:
- We hope that, according to what has been mentioned, you will stop the execution of the document because it is invalid, and I also request that he be investigated on charges of forgery.
- It must be ensured that the promissory note belongs to the commercial papers and is written correctly:
- Where the document is written in the middle of the newspaper.
- It states the place of establishment, and it must be written, “I undertake to pay by virtue of this bond to the order of …………………..”.
- It shall mention the name, and the civil registry number, in addition to the nationality.
- The amount is specified and the civil name is written.
- He also writes the name of the debtor, his address, nationality, civil registry number, and the date of the agreed-upon maturity.
the signature:…………..
Assigning a commercial lawyer to file an appeal against a promissory note in Saudi Arabia
If you have a dispute related to executive documents, including a promissory note, or you want to resort to commercial litigation, please feel free to contact us. Trading system experts At Al Othman Law Firm, because they have legal experts whose experience extends for more than 15 years in commercial systems, and the expertise of their staff of advisors exceeds more than 22 years in Saudi commercial systems and includes Al Othman Company The best commercial lawyer in Saudi Arabia And Riyadh.
Al Othman Lawyers and Consultants Office is pleased to serve you, so do not hesitate Contact us Regarding any legal advice, Al Othman Law Firm is one of the best offices in the Kingdom.
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Deny signing a promissory note
In some cases, the one who wrote the bond denies his signature on the bond, because he was forced to sign or the signature was forged, and therefore he did not sign willingly and this is one of the impediments to the contract.
Accordingly, the objection takes place by submitting an urgent request to the Execution Court to stop the implementation procedures and consider the “prevention of the financial claim” case.
The judge must take the judgment and the procedures for the forgery case, because this is a fraud and a forgery of the truth, because this harms one of the parties to the case.
The plaintiff must explain in detail the forgery that occurred, and whether it is in the text of the document itself or in the signature, and whether this forgery affected the reality or not.
It is worth noting that the allegation of forgery prevents the allegation of denial. The owner of the signature of the document may claim forgery and then claim denial, but the opposite does not happen.
Cases of denial of signing a promissory note
- The one who writes the bond denies his signature on the bond because he was coerced to sign or the signature was forged.
- Therefore, he did not sign with his consent, and this is one of the impediments to the contract.
What is the legal position in the event of denying signing a promissory note?
The legal position taken is that the objection is made by submitting an urgent request to the Execution Court to stop the implementation procedures and consider the “prevention of the financial claim” case.
Dispute of the execution of a promissory note
The execution dispute is one of the methods of objection through which an executive document is objected to, and this is based on Article 3 of the executive regulations, which states that the executive disputes related to the execution document belong to the executive judge, such as forgery or invalidity of the case, or the occurrence of an error, denial of the case, and so on.
The executive bond is
It is the document in which the complainant requests a final stay of execution of the judgment or a request to prevent the execution of the judgment.
When is the execution of a promissory note disputed?
The execution of the bond order is disputed in the event of an objective problem in which it is requested not to implement the judgment or to prevent it even if the person has obtained the authority of the thing decided, and for example:
- Executive disputes related to the execution document, such as the judgment after the lawsuit expires, or the execution of a non-existent judgment.
- Executive disputes related to the term of the sentence or amnesty at the time of the provisional imprisonment from the period for which the ruling was imposed, where the court works to correct the ruling or prevent its implementation.
Steps to submit a dispute for the execution of a promissory note
You can submit a dispute for the execution of a bond order electronically through the Najez website, as the Kingdom of Saudi Arabia has saved time and effort for many people through the electronic services it creates. The steps are as follows:
- First, you have to go to the Najez website.
- And then you log in through the national access.
- A page will appear in front of you, where you can choose to “Submit a request”.
- After that, you select the “Request Type”, fill out the form, and undertake the pledge.
- You also have to fill out the data of the execution requester.
- Then you add the person “executed against him”, fill in his data, and click on Add.
- Then, when finished, click on Save and Continue.
- You must also fill in the information related to the data of the executive document, and add the attachments related to that by clicking on Save and Send.
- Then your order number will appear.
When does the executive bond nullify?
The executive bond is a financial document, which includes that the debtor pays the amount agreed upon by virtue of this bond, and the executive bond is invalidated if one of the legal conditions of the bond is violated.
- An example of this is commercial papers, which are considered bonds, and they have their own formal conditions, in addition to containing certain data, and in the event that these conditions are violated, the securities are drummed because they are considered an executive document.
- And based on Article No. 9 of the implementation system, the right for which the execution will take place must have conditions: namely, that this right is realizing existence, is specific in measure, and is in the state of performance.
If one of these conditions is missing, the execution procedures will not be completed, and the procedure will be invalid if it is completed.
When does a promissory note nullify?
A promissory note becomes invalid after 3 years from the maturity date and turns into an ordinary debt bond. In the event that the maturity date is not written, it is due upon sight and expires after 4 years have passed. Article 84 of the Commercial Papers Law can be reviewed.
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Frequently Asked Questions
When is the bond to be executed?
The promissory note is executed at the time and maturity date agreed upon in the promissory note, in which the creditor pays the agreed amount to the debtor, and in the event that there is no specific date, the promissory note is considered void.
What is the difference between a promissory note and a receipt voucher?
- Receipt voucher: It is a document issued by the right holder, approving the withdrawal of a certain amount from the treasury that belongs to the institution to the right holder, whether he owes this institution through works he has done or he is an employee of the institution, and he is entitled to have a certain amount taken out for him because of the works to which he was assigned.
- As for the promissory note, it is a commitment owed by its owner to pay an amount of money at a specific date to a person, and this bond includes the signature of both parties. in the competent court.
Penalty for forging a promissory note
Represented in:
- To prevent the debtor from traveling outside the territory of the Kingdom.
- All bank accounts belonging to the debtor shall be seized.
- To prohibit all government dealings with the debtor.
- Sometimes the punishment reaches imprisonment, and a period is determined based on the amount claimed.
Penalty for forging a receipt voucher
The perpetrator of the crime shall be punished with imprisonment for a period between one and five years, and a fine of no less than 400,000 Saudi riyals, according to Article 13 of the penal system.
Penalty for failure to fulfill a promissory note
- To prevent the debtor from traveling outside the territory of the Kingdom.
- All bank accounts belonging to the debtor shall be seized.
- To prohibit all government dealings with the debtor.
- Sometimes the punishment reaches imprisonment, and a period is determined based on the amount claimed.
- To prevent the debtor from traveling outside the territory of the Kingdom.
- All bank accounts belonging to the debtor shall be seized.
- To prohibit all government dealings with the debtor.
- Sometimes the punishment reaches imprisonment, and a period is determined based on the amount claimed.
How to write a promissory note
- It must be written at the beginning that I undertake to pay under this bond to: ……………, and write the quadruple name, nationality, and the agreed amount.
- The date of the agreed-upon maturity is written, as well as the debtor’s name, nationality and civil registry number.
- Both parties are signed.
Conclusion
To this, we have come to the end of the article in which we talked in detail about how to appeal a promissory note, and it is worth noting that choosing a lawyer who specializes in such cases is very important and helps you in all the problems that you will face before the court, and the best lawyer you can rely on in the Kingdom, It is Al Othman Law Firm, which is considered one of the best law firms in Jeddah and Riyadh.
Contact Us On +966-535-008-888
