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Concept of Order for Payment
An order for payment is a legal procedure used to collect fixed debts quickly and efficiently without undergoing full judicial proceedings.
Required Conditions for Issuing an Order for Payment
Existence of a Fixed Written Debt:
The debt must be documented in writing, such as through acknowledgements, or invoices.
Maturity of the Debt and Unconditionality:
The debt must be due for payment and not subject to any conditions.
No Serious Dispute Over the Debt:
The debt should not be contested in terms of principle or amount.
Notifying the Debtor of the Payment Obligation:
The creditor must send a notification to the debtor demanding payment within a specified period, not less than 5 days.
Filing the Request with the Competent Judicial Authority:
The request for an order for payment must be submitted to the competent court, accompanied by documents proving the debt.
Submission Procedures
Submitting Documents: Provide documents that prove the debt and its maturity.
Request Fees: Pay the judicial fees related to the order for payment request.
Request Review: The court reviews the request and, if the conditions are met, issues the order for payment.
Legal Effects of the Order for Payment
Execution of the Order: The order for payment can be executed like judicial judgments after the appeal period expires.
Right of the Debtor to Object: The debtor has the right to object to the order for payment within a specified period from the date of notification.
Practical Examples
Construction Company: Requests an order for payment to collect an outstanding amount for construction work from a client who has not paid an invoice after project completion.
Retail Trader: Submits a request for an order for payment to collect outstanding debts from a distributor who has not paid for supplied goods within the agreed period.
Conclusion
An order for payment provides an efficient and swift method to collect fixed and due debts, aiding in accelerating commercial transactions and reducing disputes. It is crucial to follow the specified procedures and conditions to ensure the acceptance and execution of the request properly.
For further inquiries, please contact the best Performance Orders Lawyer in the UAE
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