Proving Debts in Court

• Introduction:

Debts are among the most common obligations in daily and commercial transactions. Protecting this type of right requires adherence to approved legal methods of proof, to ensure the protection of rights, stability of transactions, and prevention of disputes and procrastination.

• Why should a debt be proven?

Anyone claiming a debt or financial right must present legally valid proof so that the judge can rule in their favor.

• Means of proving debt under the Evidence Law:

The law specifies the means of proof as follows, and combining them is allowed:

1. Writing

This includes:

- Written contracts (paper or electronic).

- Bonds (such as promissory notes or bills of exchange).

- Electronic correspondence if documented and approved.

• When is writing mandatory?

According to Paragraph (1) of Article (66) of the Evidence Law:

"Any transaction exceeding (one hundred thousand riyals or its equivalent) or one that is undefined in value must be documented in writing."

2. Admission

An admission is binding only on the one who makes it. It is considered full proof if made before the court or a trusted authority, and is among the strongest means of proof if it is explicit or implied.

3. Witness testimony

Accepted when there is no written evidence in cases where witness testimony is allowed, or where an ethical or exceptional circumstance prevented documentation.

4. Presumptions

This includes everything inferred from known facts to unknown ones, such as:

- Bank transfers.

- Mobile messages or emails.

- Consistent delay in repayment.

5. Digital Evidence

Digital evidence is one of the means of proof mentioned in the Evidence Law. It includes any data created, issued, received, stored, or transmitted by digital means and is retrievable or accessible in a comprehensible format.

6. Oath

The oath is taken before the court and is of two types as per the law:

- Decisive oath: Taken by the defendant to dismiss the case. It can be referred back to the plaintiff, according to the provisions of this section.

- Supplementary oath: Taken by the plaintiff to complete the evidence. It cannot be referred back to the defendant, according to the provisions of this section.

7. Inspection

The court may decide to inspect the disputed matter on its own or upon request by one of the parties.

• When is a debt claim barred?

Although the Evidence Law does not specify a statute of limitations directly, the Civil Transactions Law defines periods after which a claim is not admissible due to the passage of time.

• How to file a claim?

- Submission via the Najiz Judicial Platform.

- Attach contracts, documents, or any other means of proof.

- The claim is reviewed.

- A judicial ruling is issued.

• Legal tips for documenting debts:

- Document every financial transaction in writing, even through a verified message.

- Specify the amount, repayment date, and any guarantees, if available.

- Use trusted electronic means that protect your rights.

- Do not delay in claiming debts, and make sure to send legal notifications.

• Our Services:

At Musaed Al-Nassar Law Firm, we help you:

- Document your debts legally.

- File claims before the judiciary.

- Collect and legally analyze digital evidence.

- Follow up on the execution of judgments until your full rights are recovered.

((( Proving debt is the key to recovering your rights... and we are here to protect them )))