How to recover a debt in Tunisia: from formal demand to seizure

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Topic: Court procedures

Amicable steps, a formal demand served by a bailiff, the order to pay procedure, a lawsuit and enforcement: how to recover money you are owed in Tunisia.

Money lent to a friend that never came back, work you were not paid for, an invoice still outstanding? Tunisian law offers several ways to recover a debt. Which one fits depends on the kind of debt and the documents you hold. Amicable steps, then a formal demand Before going to court, contact the debtor: a verbal reminder, then a written letter stating the amount, where it comes from, and asking for payment. Sometimes agreeing on a payment plan is enough. If the debtor agrees, have them sign the arrangement: it is an acknowledgment of debt that will help you later. If the friendly approach fails, you can have a formal demand served on the debtor by a bailiff (huissier de justice). It proves that you claimed what you are owed on a given date, puts the debtor on notice, and often leads them to pay or negotiate. It is also a useful, and sometimes required, step before certain court procedures. The order to pay: a fast track for documented debts If your debt is for a fixed amount and has a contractual cause (a contract, an accepted invoice, an acknowledgment of debt), or comes from a cheque, a bill of exchange or a promissory note, you can use the order to pay procedure (injonction de payer). It is simplified and relatively quick, and you do not need a lawyer: above a minimum amount set by law, you must first have a bailiff serve the debtor with a demand to pay within five clear days, or thirty days if the debtor lives abroad, together with a copy of the document proving the debt; you file the application, in two copies, with the cantonal judge or the president of the court of first instance depending on the amount, in the debtor's area, with the supporting documents and the bailiff's report of the demand; the judge decides on the documents, without a hearing; the order is served on the debtor and enforced; it can be appealed, whatever the amount. If your application is refused, the same debt cannot go through the order to pay procedure again, but you can still bring an ordinary lawsuit. An ordinary lawsuit When the conditions for an order to pay are not met, for example because there is no written proof or the amount is disputed, you need to bring a case before the competent court, which depends on the amount at stake. The debtor is served with a summons, and each side presents its arguments at hearings. In some cases you can ask the judge for permission to freeze the debtor's assets before the judgment, so they cannot be moved out of reach. Enforcement through the bailiff Once a judgment or order to pay is enforceable, you hand it to a bailiff, who can: serve it on the debtor with a demand for payment; seize the debtor's bank accounts or money that others owe them; seize movable property or real estate and, if needed, have it sold through the legal procedure. Seizing a salary follows its own procedure: you apply to the competent cantonal judge, who first tries to settle the matter between you and then, if that fails, authorises the seizure up to the share of the salary the law allows. You do not need a lawyer for it. Enforcement works much better when you know what the debtor owns, so note from the start their employer, their bank and any assets you know about. Keep your evidence In civil matters, written proof carries the most weight, and witness evidence is not always enough. Keep: contracts, invoices, delivery notes and bills of exchange; proof that money changed hands, especially bank transfers; letters, emails and messages in which the debtor admits the debt. Watch out for limitation periods too: a debt can no longer be claimed after a period that depends on its nature, so do not let a file sit for years. Bounced cheques follow their own rules, which have changed in recent years. When to see a lawyer A lawyer helps you pick the right procedure, checks that the debt is not time-barred, drafts the application or the summons, and follows up enforcement with the bailiff. Their help is especially useful for a large sum, a company debtor or a debtor living abroad. The site's directory lists lawyers registered with the ONAT, by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026