The recovery of a debt certain and due for immediate payment may be obtained following the procedure applied for mandatory injunctions to pay.

The procedure for a mandatory injunction to pay shall be applicable where:

  1. The debt arises from a contract;
  2. The obligation arises from of the issuance or acceptance of any negotiable instrument, or of a cheque without cover or insufficient cover.

The action shall be commenced by a petition to the competent court of the place of residence or place of abode of the debtor or in the event of several debtors, in the residence or place of abode of one of the debtors.

The parties may derogate from the above rule by providing a jurisdiction clause in the contract.

Lack of territorial jurisdiction may only be raised by the court handling the matter or by the debtor during the proceedings initiated by his opposition.

The application shall be filed in or sent to the registry of the competent court by the applicant or his agent duly authorized by the laws of each of the State Parties to represent him in court.

It shall under pain of inadmissibility mention the following;

  1. The names, profession and residence of the parties or, for corporate persons, their legal form, corporate name and registered office;
  2. A clear indication of the amount claimed, with a breakdown of the different heads of the said claim, as well as the grounds upon which it is based.

The petition shall be accompanied by the originals or certified true copies of the documents in support thereof.

Where the petition is filed by a person not resident within the state of the competent court before which the matter is pending, it shall, subject to the same penalty, contain a choice of address for service within the jurisdiction of said court.

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