Procedures For Filing a Financial Claim in Saudi Arabia

A financial claim lawsuit is one of the legal lawsuits filed by a person or an institution to demand an amount of money from another party, and it makes no difference if this lawsuit was filed because of a previous contract between the two parties or because of negligence on the part of the other party, and this lawsuit is filed by submitting an official complaint To the court that specializes in such cases, and commercial and financial contracts and employment contracts are included in these cases, and since this case is questioned by many people, we will discuss in this article the procedures for filing a financial claim in Saudi Arabia, as well as the types and conditions of this case, so follow us…………..

When is a financial claim filed in Saudi Arabia?

When filing a financial claim, he must carefully take into account the procedures and conditions necessary to file a claim, which we will talk about in this article.

And a financial claim is filed if the time agreed upon to pay the financial dues has passed and the creditor, whether it is a company or an individual, procrastinates in paying the debt, and in order for you to obtain your right easily, you must keep all the documents and papers that prove your right so that you can use them as conclusive evidence before the competent court.

Types of financial claim lawsuits in Saudi Arabia

• Individual claims – individual and individual
• Labor claims – employee and employer
• Commercial claims – dealer and dealer, whether companies or institutions
• Commercial Paper Claims – Check, draft or promissory note

Procedures for filing a financial claim in Saudi Arabia

If you are having problems obtaining your financial right, just follow these procedures:

• The main step, which is considered one of the most important steps, is to prepare the lawsuit statement according to the legal rules and append the details of the incident and evidence to it.
• Submit this newspaper to the competent court.
• Pay all due judicial expenses.
• After that, the case is registered and given a number of its own, and this number must be preserved, through which the progress of the case is followed up.
•  After that, the date for the first hearing is determined to consider the case, and the sessions follow after that. It is possible for such cases to take from 3 to 5 sessions according to the evidence and the payments made in the case.

How to file a complaintFinance against a person

The steps for filing a financial complaint against people differ according to the nature of the dispute between them, but there are some steps that need to be followed if you wish to file a complaint against someone:

1. File a complaint against this person with the authority responsible for financial disputes, which is the competent courts.
2. Identifying the person against whom a complaint has been filed and providing the competent authority with all information related to him, as well as the amount claimed.
3. All evidence related to the complaint, such as invoices, documents, electronic correspondence, audio and video recordings, if any, must be obtained.
4. The complaint must be signed and all required documents must be provided to the competent authority.
5. Pay all necessary financial dues.
6. Follow up on the complaint and attend the hearings on the specified dates so that you can obtain your full right.

Conditions for filing a financial claim in Saudi Arabia

If you wish to properly file a financial claim, there are some conditions related to the plaintiff and the defendant that you must take into account when filing a claim. These conditions are as follows:

• The claimant should be the owner of the financial right only or his attorney in the case of his power of attorney.
•  The plaintiff’s right must be proven and clear when filing a lawsuit, because the courts do not accept possibilities.
• The legitimacy of the claimed right, the plaintiff has no right to claim the money he obtained illegally, such as usury and drugs, for example.
• The plaintiff was harmed by not receiving his financial dues from the defendant.
• The agreement of the right that is being claimed with the public interests, so it is never allowed to violate or infringe the laws.
• This claim must be the plaintiff’s first claim to claim his right.

The grounds for claims in a financial claim

The evidence for the financial claim is distinguished from other cases, just as these evidence is not fixed and may change according to the degree of litigation, as each court has its own authority over others. Articles 40, 41, 43 and 45 regulate the procedures for filing a financial claim as follows:

• Article 40 of the Shari’a Procedure Law clarified the nature of the court that is competent to consider the case, which is the court located in the residential area of ​​both parties or one of them.
• Article 41 of the Sharia Procedure Law states that the plaintiff must submit a signed statement of claim containing all the data and information necessary to file a case.
• Article 43 mentioned the timings and notifications of the lawsuit.
• As for Article 45, it confirmed that the defendant must deposit with the court a defense memorandum three days before the time set for the session if he is among the general courts. As for the rest of the courts, it can be deposited one day before the date of the session.

File a financial claim electronically

You can file a financial claim before any judicial authority. The government has made this service available to facilitate the filing of the lawsuit, and it is done by filing it electronically through the Najiz website. All you have to do is select the Judiciary tab and enter it, and click on the lawsuit document icon, and then choose a request New and you fill in all the data correctly, then write all the details related to the case, attach the necessary documents, then click on submit application.

Steps to file a financial claim electronically in Saudi Arabia

1. You must log in to the Ministry of Justice portal.
2. Choosing electronic services.
3. Choose the electronic lawsuit newspaper.
4. Fill out all the data related to the lawsuit and the parties involved in this lawsuit.
5. File the lawsuit electronically.
6. You will receive a notice of receipt of the case as well as its reference number.

Conditions for filing a financial claim electronically

1. You must first enter all the information related to the claim.
2. Enter all information relating to the defendant.
3. Enter the plaintiff’s data as well.

 Procedures for considering the financial claim in the courts

Among the procedures that must be taken into account when filing a claim:

• All information necessary for the case and its details must be written down.
• Your complaint must be documented within the financial complaints through a special classification.
• Pay all necessary financial dues, the amount of which varies according to each complaint.
• The judge considers the case during the first session after notifying the defendant, and both parties attend the session to consider the case
• The judge may request to hear the witnesses, and after verifying the validity of the case, a ruling is made

Stages of issuance of judgment in a financial claim case

There are several stages through which the judicial ruling issued in a financial claim proceeds:

 The first stage

The judge verifies the validity of the evidence first, after which the verdict is issued. It is the duty of the judge to weigh all the evidence, give preference to the strongest of them in proof, and review all texts related to the subject.

Both the plaintiff and the defendant must prepare well for the first session in court, be disciplined in attending all sessions, and not issue any word from them that diminishes the prestige and respect of the court, because this act is considered a crime punishable by Saudi law.

The second phase

It is considered the last stage and it is the stage that precedes the issuance of the ruling, and the judge requests the presentation of the final pleading from the parties to the case, after which the stage of issuing the ruling comes in the presence of both the plaintiff and the defendant, and if one of the parties is absent from the session of pronouncing the ruling, it shall be ruled in absentia, and it is the right of the party who joined The damage is appealed to the Court of Appeal.

Appointing a commercial lawyer specialized in 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 whose experience extends for more than 15 years in commercial systems, and the expertise of their staff of advisors exceeds more than 22 A year in the Saudi commercial systems, and the 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, as Al Othman Law Firm is one of the best offices in the Kingdom.

Call Us Now! +966-535-008-888

Financial claim statement form

In the name of God, the most gracious, the most merciful

On the day of….. corresponding to the date of…..

The plaintiff’s name….. ID card number…. Place of residence….mobile number……

Attorney … Power of Attorney …

Defendant’s name…… Place of residence……

Case Title: Financial Claim Case

The facts of the case:

It states the facts of the case in a brief and clear manner, and also contains the most important details, along with mentioning the evidence and proofs, if any.

plaintiff requests

Based on what we mentioned previously, the defendant’s requests are limited to the following:

• Accepting the claimed claim and setting the date for the first hearing.
• Forcing the defendant to pay the money owed to the plaintiff.
• Forcing the defendant to pay all legal fees and costs related to the case.

Claims of financial claims of less than twenty thousand

The Supreme Council has indicated that small financial claims that do not exceed 20,000 riyals are not subject to objection or appeal. Examples of these provisions are as follows:

1. Judgments issued by the General Court in a case for renting a property not exceeding 20,000 riyals.
2. Judgments issued by the Personal Status Court in cases of dowry that do not exceed 20,000 riyals.
3. Judgments issued by the Labor Court in cases related to the wages of a worker, which do not exceed 20,000 riyals.
4. Judgments issued by the Commercial Court in financial cases that do not exceed 20,000 riyals.

Frequently Asked Questions

What is the competent court to consider financial claims in Saudi Arabia?

Financial claims between persons are in the General Court, and claims in commercial business between merchants are in the Commercial Court. As for commercial paper issues, such as checks, promissory notes, or bills of exchange, they are in the Commercial Court, which is the competent one. In the case of executing these papers, the Execution Court is the competent one and does not hear The claim of these papers in the event of a delay in the due date by 3 years.

Do Financial claims subject to appeal?

Some types of financial claims are subject to appeal in the Saudi commercial system, and some are not subject to appeal. This depends on whether the appeal conditions are fulfilled or not.

Can a financial claim be filed in Saudi Arabia?

Yes, a financial claim can be filed in Saudi Arabia in the event of financial disputes between two parties because one of them is late in paying the other’s dues, whether they are debts, the price of goods, or others. The type of financial claim differs according to the disputed parties, whether they are individuals, companies, or merchants, and according to the subject matter of the dispute as well.

Can a financial claim be filed without evidence?

You can file a financial claim without evidence, but some conditions must be met:

1. The presence of witnesses to the incident.
2. If the presence of witnesses is difficult, then the decisive oath is resorted to.
3. The defendant is asked to take an oath, and if he refuses to take the oath, the charge will be proven against him.

Conclusion

To this, we have come to the end of the article in which we talked about the procedures for filing a financial claim, and how to do so, and we mentioned the importance of having a lawyer specialized in such cases, and among the best lawyers in the Kingdom is the Al Othman Law Firm, so do not hesitate to contact us today.

Call Us Now! +966-535-008-888