Debt Recovery & Commercial Claims Collection in Tunis
Under Tunisian law, debt recovery by a judicial bailiff combines firm pre-litigation settlement negotiation with expedited judicial enforcement mechanisms (payment orders, bank account freezes). Maître Nabil Baffoun assists individuals, local enterprises, and international corporations in recovering unpaid invoices and commercial claims across Tunisia.
How does a judicial bailiff recover a debt in Tunisia?
Debt recovery by a judicial bailiff, a public officer governed by Organic Law No. 2018-9 of 30 January 2018, has two phases. Amicable phase: the bailiff serves a formal demand on the debtor, usually within 48 hours, which interrupts the limitation period, gives the claim a certain date and opens negotiation of a payment schedule or written settlement. Judicial phase: where the debt is certain, liquid, due and documented (accepted invoice, check, bill of exchange, acknowledgment of debt), the creditor applies for an order to pay (injonction de payer) to the district judge or the Court of First Instance (Code of Civil and Commercial Procedure, Art. 59 et seq.); otherwise, a claim on the merits. With the enforceable title, the bailiff serves it and enforces it: bank account garnishment, seizure of inventory and vehicles, and judicial liens over real property. In commercial matters the limitation period is generally five years, so act as soon as payments fall behind.
By Maître Nabil Baffoun, judicial officer since 1998 · Updated
Cabinet Maître Nabil Baffoun has deployed proven debt recovery strategies since 1998, serving domestic enterprises, international corporations, and private creditors throughout Tunisia.
1. Amicable Debt Collection & Official Demand Notice, Usually Within 48 Hours
An official bailiff demand notice carries statutory weight that informal notices lack:
- Formal interruption of statutory limitation periods.
- Direct contact with the debtor and negotiation of a written settlement agreement.
- Settlement schedules backed, where possible, by a notarized or authenticated acknowledgment of debt.
2. Fast-Track Judicial Enforcement: Summary Order to Pay
Where claims are supported by documented proof (accepted invoices, promissory notes, delivery slips), we file for an expedited Order to Pay (CPCC Art. 59+), avoiding prolonged commercial trials.
3. Cross-Border B2B Commercial Debt Recovery for Foreign Companies
We regularly work with lawyers and foreign companies seeking debt collection against Tunisian buyers and corporate debtors, including asset attachment once an enforceable title is obtained and fund remittance in accordance with Central Bank of Tunisia rules.
4. Bank Garnishments & Preventive Asset Seizures
Upon issuance of the title, we freeze debtor accounts across all Tunisian commercial banks, seize commercial inventory, and register judicial liens over debtor real property.
Debt Recovery Desk & WhatsApp: +216 99 442 883 — Office: 32 Avenue de la Liberté, Lafayette, 1002 Tunis.
The stages of debt recovery
| Stage | What the bailiff does | Legal basis / effect |
|---|---|---|
| 1. Formal demand for payment | Serves the demand on the debtor, usually within 48 hours, and opens negotiation of a payment schedule. | Interrupts the limitation period; gives the claim a certain date |
| 2. Order to pay | Applies to the district judge or the Court of First Instance on the basis of documents (accepted invoice, check, bill of exchange, acknowledgment of debt). | Code of Civil and Commercial Procedure, Art. 59 et seq.; the order is an enforceable title |
| 3. Service of the title | Serves the order or judgment on the debtor. | If payment does not follow, enforcement can begin |
| 4. Enforcement | Garnishment of bank accounts (BIAT, Attijari, STB, BH, UIB and others), seizure of inventory and vehicles, judicial liens over real property. | Based on the enforceable title |
Our other areas of expertise
Frequently Asked Questions
What is the difference between amicable and judicial debt recovery in Tunisia?
Amicable recovery starts with a formal demand served by the bailiff. It formally interrupts the limitation period and opens negotiation of a written settlement or payment schedule, backed where possible by a notarized or authenticated acknowledgment of debt, without court filing fees. Judicial recovery follows if the debtor refuses to pay or breaks the schedule: the creditor applies for an order to pay (injonction de payer, CPCC Art. 59 et seq.) or a judgment, to obtain an enforceable title. On that basis, the bailiff enforces: freezing the debtor's bank accounts, seizing commercial inventory, and registering judicial liens over the debtor's real property. Companies and Tunisians living abroad can follow the whole procedure remotely, with a written report at each step. The formal demand also gives the claim a certain date.
How does the Summary Order to Pay (Injonction de Payer) work in Tunisia?
The order to pay (injonction de payer, أمر بالدفع) is a fast-track procedure under the Code of Civil and Commercial Procedure (Art. 59 et seq.). It requires a debt that is certain, liquid and due, supported by documents: accepted invoices, delivery slips, promissory notes or bills of exchange, dishonored checks, or an acknowledgment of debt. The creditor applies to the district judge or the Court of First Instance, which issues an order that serves as an enforceable title, without a prolonged trial. The bailiff then serves the order on the debtor and, if payment still does not follow, carries out enforcement, starting with garnishment of the debtor's bank accounts. Companies and creditors living abroad can follow the procedure remotely, with a written report at each step.
Can a foreign company collect commercial debt from a Tunisian entity?
Yes. A foreign company can instruct our office in Tunis directly. We serve a bilingual formal demand on the debtor; if it goes unpaid, we pursue the appropriate route: an order to pay where the debt is documented, or the exequatur procedure where a judgment has already been obtained abroad. Once an enforceable title is in hand, we garnish the debtor's accounts at Tunisian commercial banks (BIAT, Attijari, STB, BH, UIB and others). Recovered funds are remitted abroad in accordance with Central Bank of Tunisia rules. The office regularly works with lawyers and foreign companies on commercial claims against Tunisian companies. The file can be followed remotely by WhatsApp or email, with a written report at each step, and the formal demand interrupts the limitation period.
What are the statutory limitation periods for debt claims in Tunisia?
In commercial matters, the limitation period is generally five years; it is shorter, one to two years, for certain services or fees. The exact length depends on the nature of the claim, so it is best not to wait. A formal demand served by a bailiff formally interrupts the limitation period and gives your claim a certain date. It also opens the door to an amicable settlement and a payment schedule. If the debtor still does not pay, the demand prepares the judicial phase: an order to pay or a claim on the merits. Send your invoices and supporting documents to the office as soon as payments fall behind. Once an enforceable title is obtained, the bailiff enforces it against the debtor's bank accounts, vehicles, inventory or real property.
What types of claims can be recovered by a Tunisian judicial bailiff?
A judicial bailiff can recover many kinds of documented civil and commercial claims: unpaid commercial and residential rents, B2B invoices between companies, dishonored checks and bills of exchange, acknowledgments of debt between individuals, and maintenance (alimony) payments. The process usually starts amicably, with a formal demand that interrupts the limitation period and allows a payment schedule to be negotiated. If payment does not follow, the claim goes to court, through an order to pay or a claim on the merits, to obtain an enforceable title. The bailiff then enforces it against the debtor's bank accounts, inventory, vehicles or real property. Companies and Tunisians living abroad can instruct the office remotely by WhatsApp or email and receive a written report at each step of the procedure.