Steps and tips to avoid rejection in filing a financial claim

Financial claims are among the most common cases brought before judicial courts in Saudi Arabia, due to the large number of financial transactions between individuals, the debtor’s procrastination in adhering to payment deadlines, and leniency in the process of documenting debts.

The creditor needs to know the conditions for accepting a financial claim before filing it with the court, the required procedures, the important data that must be written in the claim sheet, and the cases in which the financial claim claim is not heard.

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When do you need to file a financial claim?

A financial claim is a claim in which a creditor (individual or company) asks the debtor to pay the amount of the debt he owes, whether the claim is for the full amount of the debt or part of it, in accordance with the regular conditions and procedures in Saudi Arabia.

The creditor resorts to filing a financial claim against the debtor when:

• The debtor refuses to pay the debt he owes.
• The debtor’s procrastination in paying the debt.
• Late payment.
• The debtor is unable to pay his debts.

What are the types of financial claims in courts?

There are many types of financial claims that a creditor can file a lawsuit to recover his rights before the competent Saudi courts, the most famous of which are:

• Debt claims: It is filing a financial claim against the debtor in the event of non-payment of the debt within the specified dates.
• Commercial financial claims between merchants: These are claims in which all parties hold the status of merchants and are brought before commercial courts.
• Loan claims: are the debtor’s claim to pay the installments that have fallen on him and he has not paid them.
• Wage claims: The worker can file a financial claim for late salaries and bonuses against the employer before the labor courts.
• Contract claims: These are obligations arising from contracts agreed upon between the two parties that one of the parties has not committed to implementing, such as delivering the sold item in the sales contract on a specific date.
• Compensation claims: A claim for financial compensation for losses and damages caused by the other party.
• Rent claims: This occurs when the tenant refuses or procrastinates in paying the agreed-upon rent on the dates specified in the contract.
• Inheritance division claims: A financial claim case is filed in order to divide the estate and implement a will or gift.

What are the conditions for filing a financial claim?

A financial claim requires certain conditions when submitting a request to file a lawsuit before judicial courts, which are:

• The debt date has arrived and the debtor has not paid his financial dues.
• The creditor was harmed by the delay in paying the debt and not receiving his due money.
• There is no other case registered with the court with the same value as the financial claim that the debtor creditor is demanding to be paid.
• The value of the financial claim must not include an increase over the amount of the claim because the increase is explicit usury.

What are the procedures for filing a financial claim through Najez?

Before filing a financial claim against the debtor, the creditor must inform the debtor of the payment date and the need to pay the amount as soon as possible, especially in commercial cases, through a financial claim form on the Najiz platform, by following the following steps:

• Log in to the Najez platform via the national unified access.
• Among the electronic services is selection “judicial notification”.
• Click on Service “Notify Financial Claim”.
• Select “Submit a new application”.
• Filling out the data required for the financial claim includes:
• Creditor data.
• Debtor data
• Data on the claimed debt.
• Click on the “Confirm and Pay” icon.

What does a financial claim form contain?

If the debtor is notified of the need to pay the debt amount before filing a financial claim, the creditor can file a lawsuit against the debtor before the General Court through the following steps:

• Visit the Najez platform and log in via the national access.
• From the home page, choose the “Judiciary” icon.
• Selection “claim sheet”.
• Create a new order.

Lawyers from the office of Attorney Abdul Majeed Al Rashid are responsible for filing the lawsuit on behalf of the client and assist in filling out the financial claim form. The form must include the following information:

• Determine the court competent to hear the case, as the General Court has jurisdiction to hear most financial claims.
• Determine the classification of the claim (financial claim for a debt, check, promissory note, etc.).
• Writing party data includes ID number, full name, nationality, contact information, national address, work data, etc.
• Writing a financial claim formula that includes the reason for the claim (payment of a debt, delivery of goods, etc.), the purpose of the debt (advance, sale or exchange deal, etc.), and the method of submitting the amount (bank transfer or cash).
• The value of the financial claim in numbers and in writing.
• Attach the required documents, evidence of the claim, and the necessary proof of the financial claim.

When does a financial claim drop?

When does a financial claim drop?

A financial claim is one of the rights of a creditor who demands the restoration of his stolen rights, but there are certain reasons that lead to the loss of the creditor’s right to file a financial claim case, including:

• The lapse of the right by statute of limitations, which is when the creditor does not claim his right from the debtor after a specific period of time has passed, so the financial claim is not heard after 10 years according to the Civil Transactions Law.
• Financial settlement between the parties or waiver of the claim amount by the creditor.
• There is a condition agreed upon between the two parties, and if this condition is met, the financial claim is dropped from the debtor.
• The death of one of the parties, whether the debtor or the creditor, unless they have heirs. They can file a financial claim against their creditor heir or pay the claim amount if they are heirs of the debtor.

It is important to appoint a lawyer from Abdul Majeed Al Rashid’s office who specializes in examining financial claims cases, whether debts, financial dues, checks, etc.

Lawyer Abdul Majeed Al Rashid’s office provides legal services that include examining financial claims cases, drafting and reviewing legal memoranda and defenses, reviewing contracts and agreed-upon terms, and pleading and attending sessions on behalf of the client.

Lawyer Abdul Majeed Al Rashid’s office, your shield and legal security.