Debt collection in Saudi Arabia

Our local debt collection agency located in Saudi Arabia who will directly initiate collection actions on the spot:

We are pleased to introduce Hashem & Partners as our Law Firm and debt collection partner in Saudi Arabia. They will immediately start collection actions in Saudi Arabia when you start a case.

The debt collection process in Saudi Arabia.

Below is a brief description of the debt collection process in Saudi Arabia. From the time a Saudi debt is attempted to be pushed into the extra-judicial debt collection stage until legal action needs to be taken and court action is needed to obtain payment.

• Out-of-court debt collection in Saudi Arabia.
• Judicial debt collection in Saudi Arabia:
  • Saudi Arabia’s legal system.
  • To go to court with your Saudi claim.

Out-of-court debt collection in Saudi Arabia.

So the debt collection process in Saudi Arabia starts when a debt is due. That is, the agreed date for payment has passed, without the debt having been settled.

If there is no dispute from the debtor that there is de facto no debt, then the collection process starts in the extrajudicial collection stage in Saudi Arabia.

This means that a law firm (because that is what is used in Saudi Arabia for debt collection, and not collection agencies.) uses its expertise to persuade the debtor to pay what it owes.

Since a lawyer in the debtor’s “home country” is the one who makes the collection demand, and who makes it clear to the debtor that the case may be taken to court, it has a huge impact on the Saudi debtor’s willingness to pay. They then understand the seriousness of the situation, and obviously want to avoid legal action that costs a lot of money and takes time.

Contact with the debtor is made by the Saudi law firm by e.g. letter, telephone, email etc. If the debtor has poor solvency (i.e. poor ability to pay) then some negotiation and perhaps setting up an instalment plan may be necessary.

Most cases taken to debt collection in Saudi Arabia are resolved at this stage. This is also preferable as it does not involve extra costs or time for either party.

Should the debtor continue to delay and fail to pay, a decision will have to be made on a case-by-case basis as to whether it is worth escalating the matter to legal debt collection in Saudi Arabia.

Judicial debt collection in Saudi Arabia.

Saudi Arabia’s legal system.

The Kingdom of Saudi Arabia is an Islamic monarchy. Its system of government is based on the principles of Sharia law, which refers to the moral, religious, social and legal precepts contained in the Holy Qur’an, the teachings (Sunnah) of the Prophet Mohammad (PBUH) and the various interpretations of these teachings by Islamic scholars.

The king exercises ultimate authority and is the focal point of all authority. He conducts national policy in accordance with the precepts of Islam. He oversees the implementation of the Islamic Shari’ah and of Saudi statutory laws, regulations and resolutions, as well as the country’s system of government and general state policy. He also directs overall state policy, provides guidance to the various government bodies and ensures that the Council of Ministers remains harmonious and united.

The King has the Council of Ministers to help him govern the country. It consists of the King, who is the Prime Minister, the Crown Prince, who is the Deputy Prime Minister, and the Cabinet Ministers. It is the direct executive authority of the kingdom and has the power to determine the country’s policy in all areas and it plays a supervisory role in the management of the general affairs of the state. It has final authority over the executive and administrative affairs of all ministries and other state agencies. The Council of Ministers has both executive and legislative functions, and it shares the legislative function with the King and the Shura Council. Each minister has the right to propose a bill or an ordinance concerning the affairs of his ministry.

Local authorities, branches of ministries and other public bodies are also considered part of the executive. The country is divided into several provinces, which are subordinate to the central government and accountable to the Minister of the Interior. The purpose of dividing the country into several provinces is to improve administrative efficiency and development, maintain security and order, and protect the rights and freedoms of citizens within the framework of the Islamic Shari’ah.

Legal sources in Saudi Arabia:

There are three sources of law in Saudi Arabia.
– Sharia
– royal decrees
– traditional tribal law and custom.

Saudi Arabia’s legal system is primarily based on Sharia law. It is Islamic law based on the Qur’an and Sunnah (traditions) of the Islamic prophet Muhammad. The sources of Sharia also include Islamic scientific consensus developed after Muhammad’s death. In Saudi Arabia, Sharia has been adopted in uncodified form. That is, the Sharia in its entirety has been considered the law of the land and not included in it. It is therefore unique not only in comparison with Western systems but also in comparison with other Muslim countries. The lack of codification of Sharia has led to significant variations in its interpretation and application.

In addition, there is no system of judicial precedent as Saudi judges are prohibited from engaging in taqlid (or unquestioning the interpretations of others) and must instead use independent reasoning (ijtihad). Since judges have the power to disregard previous rulings and can apply their personal interpretation of Sharia to a particular case through ijtihad, divergent rulings arise even in seemingly identical cases. This factor has resulted in considerable uncertainty regarding the scope and content of the country’s rules.

The government announced its intention to codify Sharia in 2010, and in 2018 the Saudi government published a sourcebook of legal principles and precedents.

In terms of the legal and judicial system, the impact of sharia is demonstrated by the fact that no regulation shall be considered valid if it contradicts one of the sharia principles. Similarly, a contractual provision that is contrary to Sharia (e.g. a clause providing for the charging of interest) shall be deemed invalid and may not be enforced. So contractual provisions that are contrary to Shariah law shall not be recognised and enforced by Saudi courts, even if the parties have agreed otherwise.

Royal decrees (ordinances) are the second main source of law. These are subordinate to Sharia and complement Sharia in areas such as labour law, commercial law and company law.

As Sharia cannot cater for all aspects of activity in Saudi Arabia and in order to keep pace with the developments of modern life, the Saudi government has adopted various decrees, dealing with issues such as capital markets, company formation and governance, franchising, leasing, etc.

In 2018, the Sharia has also been supplemented by regulations issued by royal decree covering modern issues such as intellectual property and company law.

However, Sharia remains the primary source of law in Saudi Arabia. Particularly in areas such as criminal law, family law, commercial law and contract law,

Finally, it should also be mentioned that traditional tribal laws and customs still play a role. For example, judges will apply tribal customs relating to marriage and divorce.

To go to court with your Saudi claim.

The Saudi court system consists mainly of the Shari’ah courts, which hear the vast majority of legal cases in Saudi Arabia.

(There are also state courts outside the Sharia courts that handle disputes relating to specific royal decrees and, since 2008, some specialised courts. However, the following presentation will focus on the Shari’ah courts as it is these that are in fact relevant to legal debt collection in Saudi Arabia).

The Shari’ah courts are organized into several categories:

A. High court – The High Court has the main function as the highest authority in the judiciary. Its seat is in Riyadh.

B. Courts of Appeals : The law provides for the establishment of one or more courts of appeal in each province of the Kingdom. The courts of appeal consist of specialised labour courts, commercial courts, criminal courts, personal records courts and civil courts. These deal with appeals from first-tier courts.

C. Courts of first instance (general and summary Shariah courts) First Degree Courts are established in provinces, governorates and districts according to the needs of the system. First-tier courts consist of general courts, criminal courts, commercial courts, labour courts and personal status courts and comprise specialised circuits, including enforcement, licensing and traffic circuits.

For a commercial dispute that may be subject to judicial collection in Saudi Arabia, the Commercial Court has jurisdiction.  An action is thus brought before the Commercial Court of the first degree. 

Enforcement courts may also be relevant to the Saudi debt collection process. This is when a judgment has been obtained that one is entitled to be paid, but a Saudi debtor nevertheless fails to pay the claim. The creditor can then apply to an enforcement court for enforcement of the claim. This means that you will be helped to transfer assets to yourself.  The enforcement judge is obliged to follow the provisions of the Shariah Court Procedure Act 2013, unless the Enforcement Act provides otherwise. He may request assistance from the police and competent authorities, impose and lift travel bans, order detention and release, require a declaration of assets and hear insolvency proceedings.

To initiate a case for judicial collection in the courts of Saudi Arabia:

Court proceedings are initiated by filing a writ of summons with the court.

A plaintiff can initiate court proceedings without first serving a formal demand for payment on the defendant or completing any pre-trial formalities.

A writ of summons can now (usually) be filed via the website of the Ministry of Justice. Commercial courts accept electronic versions of a claim, but certain exceptions apply. Proceedings are normally held in open court unless the judge, on his own initiative or at the request of one of the parties, decides to hold a closed session. This is to maintain order, observe public morals or protect the privacy of the family.

Saudi Arabian courts do not usually award costs to the winning party, which means that each party bears its own costs. However, conditional fee agreements are common in Saudi Arabia. A party often agrees with their lawyer to make an upfront payment of the fee and that the remainder of the fee is contingent on the lawyer winning the case. Compensation for successful outcomes in court is expressed as a percentage of the actual amount of the claim.

This is how our debt collection service works.