§ 03 · Practice area
Monetary Claims
The office handles monetary claims on behalf of plaintiffs and defendants, from the stage before proceedings through to judgment or settlement.
Overview
A monetary claim is a civil proceeding in which one party demands payment of a sum of money on the basis of an agreement, a debt, damage or another obligation. The office represents plaintiffs and defendants in monetary claims, as well as creditors and debtors in proceedings on cheques and promissory notes.
Before a claim is filed, the legal basis, the evidence and documents, the deadlines, including the question of prescription, and the appropriate procedural track are examined: the fast-track procedure, the regular procedure, or submitting a negotiable instrument for enforcement at the Enforcement and Collection Authority. In many cases a demand letter precedes the claim, and it sometimes allows the matter to be resolved without legal proceedings.
For defendants, the office examines the statement of claim and the available defenses, and files a statement of defense or an objection to the enforcement of a cheque or promissory note within the deadlines. At every stage, the possibility of negotiation and settlement is also considered.
What the representation includes
Demand letters
Drafting a demand letter that sets out the claim and its basis, and responding to demand letters received.
Filing claims
Preparing the statement of claim and the supporting documents, and filing it in the appropriate procedural track.
Statements of defense
Examining the statement of claim, formulating the defenses and filing a statement of defense on time.
Objections to the enforcement of a cheque or promissory note
Objecting to the enforcement of a cheque or promissory note submitted to the Enforcement and Collection Authority, and representation as the proceedings continue in court.
Negotiations and settlements
Conducting negotiations and drafting settlement agreements, including applications to give them the effect of a judgment.
Representation at hearings
Appearing at court hearings, in preliminary proceedings and at the evidentiary stage.
Enforcing judgments
Opening an enforcement file to collect an amount awarded, when a judgment is not paid.
Common situations in this area
- Demand letterDrafting a demand letter, or responding to one received.
- Monetary claimFiling a monetary claim, or defending a claim that was filed.
Stages of the process
Step 1
Review of the claims and documents
Examining the agreements, correspondence and evidence, and checking the deadlines and the question of prescription.
Step 2
Demand letter and negotiation
A written approach to the other party, and an assessment of whether a settlement can be reached before legal proceedings.
Step 3
Pleadings
Filing a statement of claim, a statement of defense or an objection, according to the chosen track.
Step 4
Proceedings and hearings
Preliminary proceedings, court hearings and the evidentiary stage, with the client kept informed at every stage.
Step 5
Judgment, settlement and enforcement
The proceedings end in a judgment or a settlement, and payment is enforced through enforcement proceedings where necessary.
Documents for the meeting
- Agreements, contracts and work orders
- Invoices, receipts and proof of payment
- Correspondence: letters, emails and messages
- Cheques or promissory notes, if any
- Pleadings, decisions or warning notices received
- Identity card
Missing documents can be provided later.
Download the list (PDF)
Frequently asked questions
What is a demand letter before filing a claim?
A demand letter sets out the claim and its basis, and allows the other party to pay or respond before a claim is filed. It also documents the demand and the date it was sent, and it sometimes allows the matter to be resolved without legal proceedings.
What is the difference between the fast-track and the regular procedure?
The fast-track procedure applies to monetary claims up to an amount set in the regulations, and is conducted on shortened timetables with a limited scope of pleadings and preliminary proceedings. Other claims follow the regular procedure. The track is determined mainly by the amount of the claim, and it affects the way the proceedings are conducted.
What is an objection to the enforcement of a cheque or promissory note?
When a cheque or promissory note is submitted for enforcement directly at the Enforcement and Collection Authority, the debtor may file an objection within the period set by law. If the debtor is granted leave to defend, the matter is transferred to court and heard as a monetary claim. The deadline for filing the objection is of particular importance.
What is the limitation period for a monetary claim?
The Prescription Law, 5718-1958, sets a period within which a claim can be filed. A claim filed after that period may be dismissed if the defendant raises prescription. The length of the period, and the date from which it runs, depend on the type of claim and its circumstances, so this should be checked before a claim is filed or at the start of a defense.
Can a settlement be reached out of court?
Yes. Negotiations can be held and a settlement reached at any stage, before a claim is filed and during the proceedings. A settlement reached during proceedings can be given the effect of a judgment with the court’s approval. The terms of a settlement are reviewed before they are signed.
Articles on the subject
Articles on this subject will be published in the Knowledge Center soon.
All articlesTo have the file reviewed, contact the office
The office can be contacted by phone, by WhatsApp or through the form. Once a claim has been filed, the deadline for the statement of defense is particularly important, so early contact is advisable.
After contacting the office
- The request goes directly to Adv. Moamen Qasim.
- The office calls back or replies on WhatsApp, and checks whether the file has an urgent deadline.
- Where needed, a meeting is scheduled, and the list of documents to bring is sent ahead of it.
The information on this site is general and does not constitute legal advice or a substitute for it. Contacting the office through this site does not create an attorney–client relationship.