Debt Recovery in Morocco: Unpaid Invoices, Court Action and Enforcement

A supplier delivers goods to a business customer in Morocco. The delivery is completed, the invoice falls due, and no payment arrives.

A first reminder goes out. Then a second.

Eventually the debtor replies that it is facing a cash-flow problem — or, more awkwardly, that it now disputes part of the invoice.

At that point the question is no longer simply "How do I get my money?"

You need to work out what you can prove, whether the debt is genuinely disputed, which procedure can be used and — above all — whether the debtor still has assets that would make recovery real.

This guide looks at commercial, business-to-business debt recovery in Morocco: unpaid invoices, unpaid goods and services, commercial contractual debts, and claims by a foreign supplier against a Moroccan business debtor. It does not cover consumer debts, family claims, employment claims, rent arrears, tax debts or criminal restitution, which follow different rules and often different courts.

Morocco's procedural framework has been reformed by Law 58.25 on civil procedure, which came into force on 24 August 2026.

The practical consequence is that the procedural rule must be checked against the law applicable at the date the action is filed, rather than against an older model or a file handled several years earlier.

Transitional questions can also matter for proceedings that were begun before the reform entered into force.

Where this guide describes a procedure, it does so at a general level and points to the specialist guide that covers the detail; the exact conditions should always be verified against the current text before acting.

Recovering a commercial debt in Morocco usually involves a recognisable sequence: proving the debt, assessing whether it is disputed, sending a formal demand and attempting settlement, selecting the appropriate judicial route if payment still does not come, obtaining a judgment where necessary, and then enforcing that judgment.

Two ideas run through the whole process.

First, a judgment is not the same as actual payment: winning the case and being paid are two different things, and enforcement may be needed.

Second, debtor insolvency can change everything: if the debtor enters collective proceedings, ordinary one-to-one recovery may no longer be the right strategy.

The right route depends mostly on two things — how strong your evidence is, and whether the debt is genuinely disputed.

Before choosing a procedure, it is worth answering five questions:

1. What documents prove the debt — its origin, the amount and that it is due?

2. Is the debt genuinely disputed, or simply unpaid?

3. Is there a risk that the debtor will dispose of assets before you can act?

4. Do you already have a judgment or an arbitral award, and if so, from where?

5. Is the debtor in financial distress or already in collective proceedings?

These questions usually reveal whether a file can follow a relatively streamlined route or whether it needs full contentious proceedings.

Debt recovery covers the steps taken to obtain payment of a sum that is owed.

In a commercial context the debt may arise, for example, from:

• an unpaid invoice;

• a sale of goods;

• a supply of services;

• a commercial contract;

• an acknowledgment of debt;

• a running account between businesses;

• or another obligation that can be established in law.

It matters whether the debt is commercial rather than purely civil.

That distinction is central to commercial law in Morocco, and it can affect both the competent court and some of the rules that apply.

The first move does not have to be litigation.

Where the debt is not seriously disputed and the debtor is still reachable, an amicable solution can sometimes be faster and cheaper. It may take the form of:

• written reminders;

• negotiation of a schedule;

• an acknowledgment of the amount due;

• an agreed payment plan;

• a formal demand.

But negotiation should not become an open-ended series of promises.

The longer a file drags on, the harder recovery can become if the debtor's financial position deteriorates, if evidence ages, or if a limitation period runs. Amicable recovery is a strategy, not a legal obligation in every case.

A formal demand puts the request for payment on the record.

It typically identifies the debt, its basis, the amount claimed and the demand made on the debtor.

It also has evidentiary value: it shows that a precise claim was made before the dispute escalated, and it supports any later settlement or litigation strategy.

Its exact form and legal effects depend on the nature of the obligation and the applicable legal regime, so it is a mistake to assume a single universal template.

For a business, the point is not to send a threatening letter but to build a coherent file that can be used if payment does not follow.

An invoice matters, but it should not be looked at in isolation.

Depending on the file, useful evidence can include:

• the contract or purchase order;

• the invoice;

• delivery notes;

• an acceptance or hand-over record;

• email and business correspondence;

• account statements;

• an acknowledgment of debt;

• correspondence in which the debtor accepts the amount;

• properly kept commercial records, where these can be relied on between traders;

• evidence of a partial payment.

The strength of a claim often depends on how consistent the whole file is, rather than on any single document.

The absence of a formal written contract does not automatically mean the debt cannot be proved.

In dealings between businesses, several documents and patterns of conduct can help establish that a commercial relationship existed and that the supply was performed.

A purchase order, an accepted delivery, professional correspondence, an invoice that was not immediately challenged or a partial payment can each carry weight depending on the circumstances.

The file still has to be assessed as a whole.

This distinction is decisive.

A debtor may simply fail to pay. But it may also argue:

• that the goods were defective;

• that the service was not performed;

• that the amount invoiced is wrong;

• that certain contractual obligations were not met;

• or that there is a set-off between the parties.

Where that happens, the file can become a genuine commercial dispute, and it should not be treated mechanically as an undisputed debt.

A clear, documented and due claim points toward a more streamlined route; a genuinely disputed claim usually needs ordinary proceedings where each side can present its arguments and evidence.

The order-for-payment procedure is one possible route: where the statutory conditions are met, it allows a creditor to seek payment judicially without necessarily starting with the full course of an ordinary trial.

It does not suit every situation. The nature of the debt, the documents available, whether the debt is due and whether it is contested all have to be examined before choosing this route.

With the new civil-procedure framework in force, the procedural conditions should be checked at the date the request is filed.

The specialist guide covers how the procedure works — filing, the competent court, opposition and timing. This page only explains when the route may be relevant.

Morocco's commercial courts hear, among other things, disputes relating to commercial contracts and disputes between traders arising from their commercial activities.

A debt arising from a business-to-business relationship may therefore fall within commercial litigation where the conditions of jurisdiction are met.

But not every debt is commercial. The status of the parties, the nature of the transaction and the rules of jurisdiction all have to be examined before an action is filed.

Territorial jurisdiction also has to be determined according to the rules applicable to the file, so categorical statements about "the" competent court can be misleading.

This has to be approached conservatively.

The contract may contain provisions on late payment or a penalty clause. Other rules may also affect payment periods and the consequences of delay in some business-to-business relationships.

It would be wrong to assume that the same rate or the same penalty applies automatically to every unpaid invoice.

Entitlement can depend on the contract, the applicable law, the nature of the obligation and, ultimately, a judicial determination — so the contract and the applicable provisions have to be checked for each file.

You cannot wait indefinitely.

As a general rule, the Commercial Code provides a five-year prescription period for obligations arising from a commercial act, subject to special or shorter periods that may apply to particular claims.

This is not the same as saying that "every debt in Morocco expires after five years": the applicable period depends on how the claim is classified, which is exactly why early classification matters.

The first questions are therefore: since when has the debt been due, and has anything happened that affects the running of the limitation period?

A recovery strategy should build this in from the start.

In some situations, eventually obtaining a favourable judgment is not enough.

The risk is that, while the dispute runs, certain assets or funds become hard to reach.

Procedural law provides for conservatory measures under conditions set by law.

They are not automatic. The court assesses the conditions of the measure sought and the circumstances of the file — urgency, evidence and proportionality can all be relevant as applicable.

It is therefore important to separate two things: obtaining a judgment, and having a real prospect of enforcing it. The specialist guide covers the procedure; this page only flags the strategy.

A judgment ordering the debtor to pay does not always mean that payment follows on its own. Winning the case does not, by itself, transfer money to the creditor.

Where the decision can be enforced, an enforcement stage may become necessary.

Depending on the debtor's legal and financial position, this may lead to the enforcement measures provided for by civil procedure.

Notification and enforcement acts involve the officers who are legally competent, including the judicial commissioners (commissaires judiciaires) under the regulation that currently governs their profession in Morocco.

Before committing to a long procedure, it is worth asking a blunt question about the debtor's real solvency.

This is one of the most important points in business-to-business recovery.

If the debtor enters proceedings for a company in difficulty, continuing to act as though this were a simple late payment can be a mistake.

Collective proceedings can affect individual enforcement and can require the creditor to take specific steps to assert its claim.

It is therefore worth checking quickly:

• whether the business is still trading normally;

• whether collective proceedings have been opened;

• whether a declaration of claim is required;

• and which deadlines have to be met.

When that switch happens, the goal is no longer to chase payment but to declare and protect the claim within the collective proceedings, under their own rules and deadlines — a point that is particularly sensitive for a creditor based abroad.

Where you already hold a decision, the strategy is different, and the routes should not be blurred.

If you have no judgment yet, the debt-recovery strategy in this guide applies: you still need to establish and pursue the claim.

If you already hold a Moroccan judgment, the question is enforcement — covered in the guide on enforcing a court judgment above.

If you hold a foreign judgment, recognition and exequatur come first: see recognition and enforcement of foreign judgments in Morocco.

If you hold a foreign arbitral award, a distinct route applies: see enforcing a foreign arbitral award in Morocco.

Recognition, exequatur, enforcement of a domestic judgment and enforcement of an arbitral award are separate mechanisms; picking the wrong one wastes time.

Foreign companies, international suppliers, non-resident creditors and in-house legal teams face a recognisable set of additional issues.

Practical points often include:

• identifying the Moroccan debtor precisely, including its correct corporate identity;

• reviewing the governing contract and any choice-of-law or jurisdiction terms;

• dealing with evidence located abroad;

• arranging sworn translation where documents are required in Arabic or French;

• handling Moroccan procedural filings and service;

• arranging local representation where it is required;

• coordinating with counsel in the creditor's own country.

The routing above still governs: if a foreign judgment or award already exists, the recognition or arbitral route applies, and if the Moroccan debtor becomes insolvent, the insolvency route takes over. This remains the broad recovery guide, not a separate foreign-creditor procedure.

A recovery file is not always complex, but Moroccan commercial-debt counsel can be particularly useful where the amount is significant, the debt is disputed, several contracts or companies are involved, the debtor risks insolvency, a conservatory measure is being considered, or the choice of court or procedure is uncertain.

In practice the work can include:

• the legal qualification of the claim, including whether it is commercial;

• review of the evidence and the completeness of the file;

• assessment of the debtor and of available assets;

• formal-demand and settlement strategy;

• choosing the correct procedure and assessing order-for-payment eligibility;

• urgent asset-preservation strategy where justified;

• filings and coordination of service and procedural steps;

• management of prescription and insolvency deadlines;

• sequencing enforcement once a decision is obtained;

• rerouting the file if the debtor enters collective proceedings;

• and a realistic assessment of whether the sum can actually be recovered.

The aim is not simply to obtain a decision, but to weigh the real prospect of recovering the money due — and to control risk and cost along the way.

Commercial-debt recovery in Morocco frequently involves participants outside the country.

Moroccan counsel may coordinate with foreign law firms, international counsel, in-house legal teams, foreign creditors, sworn translators, the relevant process and enforcement actors, and other appropriate specialists.

That coordination typically covers the division of work between jurisdictions, the exchange and translation of documents, the interface between foreign proceedings and Moroccan procedure, and the sequencing of any recognition, enforcement or insolvency steps.

The purpose of this section is informational: it describes, in general terms, how such cooperation is usually organised, not any particular engagement.

Recovering a commercial debt in Morocco is not just a matter of sending a demand and then filing a claim.

For a business, an effective strategy starts with the proof of the debt and the debtor's situation.

From there it is a question of whether an amicable solution is still realistic, whether the order-for-payment route can be considered, whether ordinary proceedings are needed, and how any decision could actually be enforced.

In 2026 that analysis also has to take the new civil-procedure framework into account, which makes it especially important to check the rule applicable at the date the step is taken.

Law 58.25 on civil procedure — official text available through the Adala portal of the Ministry of Justice.

Moroccan Commercial Code — Adala portal, Ministry of Justice.

Law 53-95 establishing the commercial courts, and the organisation and jurisdiction of those courts — Ministry of Justice.

Law 46.21 on the organisation of the profession of judicial commissioners (commissaires judiciaires) — Adala portal, Ministry of Justice.