Debt collection in Tunisia for foreign companies

Is your company based in France, Italy, Germany or elsewhere, and a Tunisian customer is not paying your invoices? Tunisian law provides precise procedures that you can start without travelling. This guide sets out the stages of recovering a commercial debt from a debtor established in Tunisia, the role of the huissier de justice (judicial officer, عدل منفذ) and the documents to prepare.

Which court has jurisdiction when the debtor is in Tunisia?

Article 3 of the Tunisian Code of Private International Law (Law No. 98-97 of 27 November 1998) sets the general rule that Tunisian courts have jurisdiction when the defendant is domiciled in Tunisia. In practice, a claim against a company or trader established in Tunis, Ariana, Ben Arous or Manouba can therefore be pursued directly before the Tunisian court, subject to any jurisdiction or arbitration clause in your contract.

Two situations must be distinguished:

• You do not yet have a court decision: the most direct route is the Tunisian procedure, first amicable and then judicial, described below.
• You already have a judgment from your own country: it must be granted exequatur by the Tunisian court before any enforcement. See our guide on exequatur of a foreign judgment.

Step 1: formal demand for payment served by a judicial officer

The first step is to have a formal demand for payment (sommation de payer) served on the debtor by a huissier de justice. This official deed states the amount due and the invoices concerned, and sets a deadline for payment. It provides dated proof of the claim and shows the debtor that the matter has become formal.

For the payment order procedure this step is mandatory: Article 60 of the Code of Civil and Commercial Procedure (CPCC) requires that, where the claim exceeds 150 dinars, the debtor first be given formal notice by a judicial officer to pay within five days, failing which the payment order procedure will be started. See our guide on the formal demand for payment.

Step 2: negotiation and amicable settlement

A formal demand is often followed by contact from the debtor, and a payment schedule can then be negotiated. It should be put in writing; a settlement can also be submitted to the court for approval so that it becomes enforceable. See our guide on amicable settlement agreements and our mediation service.

Step 3: the payment order (injonction de payer)

If payment is not made, the payment order procedure (Articles 59 to 67 CPCC) allows a creditor to obtain an enforceable title quickly. It applies to any claim for a fixed amount with a contractual basis, or arising from a cheque, bill of exchange or promissory note (Article 59).

Key points:

• Competent judge: unless otherwise agreed, the judge of the debtor's actual or chosen domicile (Article 61); the district judge or the President of the Court of First Instance depending on the amount (Article 62).
• Application: drafted in two copies, stating the parties' identity and domicile and the exact amount claimed, with supporting documents attached (Article 63).
• Decision: the judge rules within three days; if the claim is established, payment is ordered. If the application is rejected, the same claim cannot be the subject of a new payment order application (Article 64), leaving only an ordinary action. A complete file from the outset is therefore essential.
• Service and appeal: the order is served on the debtor and enforced under the rules on enforcement (Article 65); it can be appealed whatever the amount (Article 66).

Where the debtor disputes the claim on the merits, an ordinary action before the court, with a lawyer, remains necessary.

Step 4: enforcement

Once the enforceable title has been obtained and served, the huissier de justice can carry out the enforcement measures provided by law: attachment of bank accounts held with banks, seizure of movable property and measures against real estate. See our guides on bank account attachment and enforcing a judgment, and our enforcement service.

Recovered sums are paid over to the creditor; transfer abroad is made through the banking system in accordance with the foreign exchange regulations of the Central Bank of Tunisia.

Managing the case remotely

A foreign company does not need to travel to Tunisia. The office can be instructed directly, or through your lawyer or credit management department. Follow-up is by email or WhatsApp, with a written report at each stage. Where the procedure requires representation by a lawyer, the office works with your counsel or a Tunisian colleague.

For a mandate signed abroad, legalisation formalities depend on the country of origin; see our guide on consular powers of attorney. To serve a document between two countries, see international service of documents.

Checklist of documents to prepare

• Contract, general terms or purchase order signed by the debtor
• Unpaid invoices and customer account statement
• Proof of delivery or performance (delivery notes, transport documents, acceptance reports)
• Written exchanges: reminders, emails, acknowledgements of debt
• Unpaid commercial instruments, if any (cheque, bill of exchange, promissory note)
• Debtor identification: company name, address, extract from the National Business Register if available
• Your company's registration extract and proof of the signatory's authority
• Translation into Arabic or French of documents in another language, where necessary

Mistakes to avoid

• Waiting too long: limitation periods are running; acting quickly protects your rights and your chances of finding assets that can be seized.
• Filing an incomplete application: a rejected payment order closes that route for the same claim.
• Accepting an oral agreement: any payment schedule should be in writing and, where possible, backed by security.

The office at your service in Greater Tunis

Maître Nabil Baffoun, huissier de justice in Tunis since 1998, 32 avenue de la Liberté, Lafayette, acts in Tunis, Ariana, Ben Arous and Manouba (see Tunis city centre, Ariana, Ben Arous). For a claim against a Tunisian company, see our debt collection service and fees, or request a consultation on +216 99 442 883. The office handles each case with rigour, with no commitment as to the outcome of the procedure.