Financial disputes are among the most common problems that occur between people, so the legislator has set limits for financial transactions, and many ways to register financial rights between people. In this article about financial claims in Saudi Arabia and the court specialized in financial claims, and the conditions and procedures that you must follow to obtain your financial right, so follow us ……………
Financial claims in Saudi courts
The financial claims are among the lawsuits that are related to financial rights so the creditor files this lawsuit against the debtor in the event that the debtor is late in paying the financial obligations due on him. Many types, including:
- Financial claims related to workers’ wages and salaries, such as allowances, bonuses, and bonuses, must be paid in accordance with the laws of the Kingdom of Saudi Arabia.
- Financial claims related to compensation for accidents or injuries. If a person suffers any injury or accident in or outside the workplace, this person has the right to submit a financial claim to be compensated for the damages caused.
- Financial claims related to insurance, which are health insurance claims, by submitting a medical expense report to obtain compensation.
- Financial claims related to debts and loans. This type of financial claim arises when loans or debts that have been agreed upon on the time and manner of payment are not paid.
- Financial claims related to compensation for damages If you suffer material or moral damage due to the behavior of another person, you can apply for compensation for the damage you suffered.
Which Court Has the Jurisdiction in Financial Claims in KSA?
When the debtor refuses to pay the dues owed by him to the creditor, in this case, you have no solution but to file a financial lawsuit, and in this case, the court competent with the financial claims achieve Your demands to recover your financial right from the debtor, and the courts that have jurisdiction over financial claims are as follows:
- The general courts are responsible for civil cases, including financial claims, and this is done by submitting the case in the General Court.
- Commercial courts, which adjudicate cases related to commercial problems as well as related financial claims.
- Arbitration committees, are considered one of the alternative means to solve financial problems in the Kingdom of Saudi Arabia, so the creditor can go to these committees to claim his financial rights.
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How long does a financial claim in Saudi courts take?
The time it takes for a financial claim lawsuit varies according to the type of lawsuit and also the court that is looking into this lawsuit, in addition to the size of the existing financial dispute between the parties, the lawsuit may last for a few weeks or months, and it may take years sometimes.
What is the number of court sessions in the financial claim case?
The number of court sessions varies in the financial claim case, as the verdict can be issued during three sessions and may reach four or five sessions, and this difference is due to the nature of the case and the type of evidence provided by each of the parties
Conditions for filing a financial claim?
There are some conditions that must be met mainly when filing a financial claim in Saudi Arabia, and these conditions are limited to the following:
- The person who demands the filing of the lawsuit must have a legal capacity that allows him to claim the filing of this lawsuit, by being the owner of the financial right himself or a legal agent on his behalf.
- Resorting to the court that has jurisdiction to file this lawsuit according to the value of the money.
- You must have a clear financial right in the statement of claim, such as if this right is linked to a signed contract containing details of the amount of financial which is being claimed, and the existence of all evidence and evidence that prove the existence of the right.
- The money that is demanded must be lawful and respectable money. The money Resulting from usury, for example, or narcotic substances, no person has the right to file a financial claim for it.
- Damage to the creditor due to the debtor’s delay in reimbursement.
- The right that is being claimed must be in line with the public interests, and it is never allowed to violate the laws set by the Kingdom of Saudi Arabia.
Procedures for filing a financial claim in Saudi Arabia?
The financial claim suit is the method through which the court restores the claimed financial right, through the following steps:
- First, the case is filed by a respected legal representative before the competent court, and the complaint must contain all the correct details and information, which must be signed by the plaintiff.
- After the lawsuit is filed, it is placed in a special register based on its order.
- The owner of the case pays all the financial dues related to the case, knowing that the costs of the case vary from one case to another.
- After registering the case and carrying out all the procedures, the date of the hearing is set in court in the presence of the plaintiff, the defendant, and their respective lawyers.
Hiring a Lawyer for financial claims in Saudi Arabia
If you have a dispute related to business or companies and want to resort to commercial litigation, do not hesitate to contact the commercial system experts at Al Othman Law Firm, because they have legal experts that extend their expertise For more than 15 years in commercial systems, and the expertise of their staff of consultants exceeds more than 22 years in Saudi commercial systems, and Al Othman Company includes the best commercial lawyers in Saudi Arabia and Riyadh.
Al Othman Lawyers and Consultants Office is pleased to serve you, so do not hesitate to contact us regarding any legal advice, as Al Othman Law Firm is one of the best offices in the Kingdom.
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Can a financial claim be filed without proof?
When calculating the payments made between the creditor and the debtor, you can discover some errors, and some people may not have accurate records, and some of them do not make a clear report on their income. Many small merchants do not keep purchase receipts except for large operations.
It is also possible for the debtor to obtain the amount from the creditor without any receipt or written evidence, just as some people are ashamed to write a receipt proving the financial right due to the strong social relationship between the creditor and the debtor, in these cases where there is no written evidence proving the right owner financial.
And so it isIn these previous cases, the creditor may file a claim for a financial claim without proof, and it is required that witnesses be brought, and if there were no witnesses, then the plaintiff shall take the oath.
What are the grounds for a financial claim?
The Saudi legislator has established some rules and laws related to financial claims, which the judge must rely on when considering the case, which is as follows:
- Article 40 of the Procedure Law states that the court that has jurisdiction to consider a financial claim case is the court located in the residence of the contracting parties or one of them.
- Article 41 also stated that it is the plaintiff’s duty to submit a statement of claim to the court that includes all the details of the case and all the evidence and evidence proving the financial right of the plaintiff, and it must contain a signature from the creditor, the reason for the debt, the date on which it is recorded, and the names of the witnesses present at the time of handing over the money.
- Article 43 of the pleadings system also indicated the necessary procedures for filing a lawsuit, as well as the dates of the hearings.
- Article 45 states that the defendant must submit a defense letter to The General Court three days before the date of the session, and if the session is held in one of the other courts, he must go one day before the date of the session.
Conclusion
To this, we have come to the end of the article in which we talked about the court specializing in financial claims, and all the topics related to it, and I hope that this article will be a comprehensive guide for you to obtain the information you want to know about financial claims. Finally, if you have any further questions or inquiries don’t hesitate to contact the experts at Al Othman law Firm.
Contact Us On +966-535-008-888
