Debt Recovery & Commercial Disputes
Sums owed and disputes between commercial parties, from the first notice through to enforcement of a judgment.
Service 04
Dishonoured cheques: which route applies, enforcement before the Execution Judge, and settlement on recorded terms.
A cheque returned by the bank is a recovery problem before it is anything else, and the route it takes now is not the one most people expect.
Under Article 667 of Federal Decree-Law No. 50 of 2022, a cheque the bank has marked unpaid for no or insufficient balance is an executive instrument. The holder may apply directly to the Execution Judge without a separate trial on the merits. That is faster than litigation and it is the ordinary route.
Criminal exposure is now the exception rather than the rule, and it turns on what the drawer did rather than on the fact of the bounce. Which category a cheque falls into is a question of fact, and it decides everything that follows, so it is worth establishing before any step is taken.
Establishing from the return slip and the circumstances whether the matter is one of enforcement or falls into the narrower category that remains criminal.
Applying to enforce a cheque marked unpaid as an executive instrument under Article 667, which avoids a trial on the merits.
Approaching the drawer on terms, and recording any settlement so it is enforceable if it is not honoured.
It states the reason for return, and the reason decides the route. A cheque marked for no or insufficient balance is an executive instrument under Article 667 and can be enforced directly. A cheque returned for a signature mismatch is not automatically in that category, so it is treated differently.
Not on insufficient funds alone. Under Federal Decree-Law No. 50 of 2022, criminal liability is confined to defined cases, including instructing the bank to stop payment outside the lawful grounds in Articles 651 and 656, closing the account or withdrawing or freezing the balance, signing the cheque so that it cannot be paid, and forgery. In the Article 674 and 675 cases the criminal action ends on payment or settlement before final judgment.
Establish which route applies, prepare and serve notice, negotiate settlement on recorded terms, and prepare the enforcement application to the Execution Judge. Where a matter requires representation before a court, that is reserved to registered advocates and we instruct one.
Yes. Under Article 648 of Federal Decree-Law No. 50 of 2022 the bank must pay whatever is available unless you refuse it, mark the cheque and issue a certificate. The balance is then recoverable under Article 667.
Yes, businesses can benefit from legal advice, risk management strategies, and representation in disputes involving dishonored checks.
Obtain the bank's return slip and keep the original cheque. Both are needed for whatever follows. Then take advice before contacting the drawer, because what is said at that stage can affect the position later.
A postdated cheque remains an instrument evidencing an obligation, and the underlying debt is recoverable in any event. The available route may differ, which is why the assessment comes before the filing.
General information about this service, not advice on your matter. Legislation is named for orientation. See our terms of use.