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Civil Claims Processing in Kuwait

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In their civil dealings, some persons may encounter situations in which they may offer a sum of money in the form of debt to other persons. When the principal of the debt is due, the person may be surprised by the debtor's default. Hence, the creditor has the right to file a claim for his or her financial entitlements so that it can be returned through the means specified by Kuwaiti law. With the assistance of a Kuwaiti civil claims lawyer, he will be careful to follow all the civil claim procedures established by Kuwaiti law in accordance with each case and the due value. It should also be noted that the laws governing civil claims differ from business claims and financial claims between spouses.

Types of civil financial claims:

Civil financial claims are a type of contractual relationship that gives a creditor the right to receive a payment or a series of payments or to receive an asset in one payment at its due date in specific circumstances as determined by the contract.  The financial claim ends when the creditor pays the amount due agreed upon in the contract, and the creditor may receive a series of interest payments if agreed upon in the contract. Moreover, this contract is called a debt bond and takes several forms (check - trust receipt - bills - debt declaration - promissory note).  The sales contract is also considered a bond of debt if it is agreed between the seller and the buyer to pay in installments. Remember to consultant a skilled civil litigation lawyer about your next step. 

Civil financial claims fall into three types:

  •  In the case of a debt bond: the bond may be in the form of (receipt - cheque - acknowledge of debt - promissory note), and in this case the debtor is warned and given grace before deciding on the financial claim. In this case, the debtor is warned and given a respite before deciding on the financial claim.
  •  Where there is a bond with a request for compensation: In this case, resorting to filing a claim without the need for warning or respite.
  •  In the absence of a bond: In this case, a warning is made or a report is drawn up and relied upon when considering the claim cas

Is it possible for the creditor to resort to the court to pay its debt in installments?

The court does not specify the method of payment, as it is established in the debt bond signed by the parties to the contract. Here, the creditor has the full right to claim the amount owed in one payment and also has the right to respite the debtor, The principle in the payment is that it be a single payment, so the court does not have the right to compel the creditor to receive the amount due if it is not mentioned in the debt bond.  It should be noted that Kuwaiti law has established a time period for the right-holder to claim his or her right, and if that period expires without the creditor claiming his or her right by bringing a claim, the opponent has the right to deny the claim if the case is filed too late. Don't forget that an experienced civil lawyer in Kuwait will provide you with an informed understanding of your civil rights and obligations. 

What is the legal procedure in the absence of a debt bond?

The existence of a bond of debt strengthens the position of the creditor and enables it to recover its right in the event of procrastination by the debtor. In the absence of a bond of debt, an alarm is set out in the claim, and the judge has the power to resolve the claim in two ways, either by a decisive oath or by witness testimony, and the decisive oath is an oath that the creditor directs to the debtor when there is no evidence that proves or denies the right on the basis of which the claim is based. As for the testimony of witnesses, both parties, the creditor and the debtor, have the right to seek the assistance of witnesses for the court to balance the witnesses’ statements and adopt the judgment on the basis of this balance.

We have arrived at the conclusion of this article, submitted through the Integrated Legal Group website, in which we addressed the nature of the financial claims and their three types, the legal procedure for the absence of a debt bond, and other points. However, it becomes clear the need to hire an expert Kuwaiti civil lawyer to represent the affected persons before the competent court of Kuwait, as well as to obtain the best judgment as quickly as possible at the discretion of the judge.

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