Translated from Arabic.
Saudi law deals with a cheque not backed by funds from two independent angles: a civil angle aimed at collecting the amount, and a criminal angle concerning the drawer's liability. The two routes can usually be pursued together, as one does not replace the other.
On the civil side, a cheque is a commercial paper that the Enforcement Law treats as an enforceable instrument, so there is usually no need to file a substantive claim to prove the debt; instead, an enforcement request is submitted directly to the Enforcement Court. The enforcement judge issues an order requiring the debtor to pay within a short period, and if he does not pay or disclose sufficient assets, measures may be taken against him, such as attachment of his assets and balances, a travel ban and suspension of some services, as provided by law.
On the criminal side, the Commercial Papers Law criminalises issuing a cheque without existing funds available for withdrawal, and sets penalties that may include imprisonment and a fine. The complaint is filed with the Public Prosecution, which investigates and then refers the case to the competent court.
Suggested practical steps:
1. Present the cheque to the drawee bank as soon as possible, bearing in mind that the Commercial Papers Law sets a period for presenting a cheque for payment of about one month for cheques payable within the Kingdom.
2. Ask the bank for an official statement that there are no funds or insufficient funds, and keep the original cheque.
3. Submit the enforcement request through Najiz with a copy of the cheque and the bank's statement attached, and be ready to submit the original when requested.
4. File a complaint with the Public Prosecution through the available channels if you wish to pursue the criminal route.
Note that acceptance of the cheque as an enforceable instrument depends on it containing the legally required details, and that delay in claiming may affect certain rights because of the limitation periods set for commercial papers. The debtor may also raise enforcement disputes, which the court will hear.
No particular outcome can be guaranteed, as each case differs according to its documents and circumstances. The KSA Lawyers team therefore recommends consulting a specialist lawyer to review the cheque and the bank's statement and to determine the most suitable actions and their timing.