The Promissory Note via Nafith: The Practical Guide to the Fastest Route to Collection
How to create a promissory note electronically through Nafith, and why it is an executive instrument collected directly without a lawsuit.
A promissory note is a written undertaking by the debtor to pay a specified amount to the order of the creditor on a set date or on demand. What makes it a powerful tool for small and medium enterprises in the Kingdom is that it is an executive instrument under the Enforcement Law, meaning it is collected directly through the execution court without the need to file a case before the commercial court and wait for a judgment.
Nafith is the approved electronic platform for issuing, managing, and submitting promissory notes for enforcement. Electronic issuance through Nafith links the note to both parties' digital identities and makes its referral to the execution court a near-instant step when the term falls due and payment is not made.
This guide explains how to create the note step by step, the required data, and what happens if the debtor defaults, so you can use this tool with confidence and shorten the collection cycle from months to days.
Get the B-05 Promissory Note GuideWhy the Promissory Note Is the Fastest Route to Collection
In traditional debt collection, the creditor must file a financial claim, prove the existence of the debt, and wait for a final judgment before being able to enforce. The promissory note shortcuts this path entirely because it is classified as an executive instrument, so it is submitted directly to the execution court without the litigation stage.
- An executive instrument in itself: it needs no prior judgment to establish the debt.
- Electronic issuance and storage through Nafith reduces disputes over the validity of the signature or amount.
- Near-instant referral to the execution court upon non-payment at the due date.
- It opens the door to coercive enforcement measures such as seizure and travel bans directly.
Required Data in the Note
For the note to be valid and enforceable, it must include essential data. Any missing item may weaken the note or open the door to the debtor's objection, so make sure it is complete before issuance.
- An express, unconditional undertaking to pay a specified sum of money.
- The amount of the note in figures and words, with the currency specified.
- The maturity date (a fixed date or on demand).
- The name of the beneficiary (creditor) to whom or to whose order payment is made.
- The issuer's (debtor's) data: name, identity, and contact details.
- The date and place of the note's creation and the issuer's signature.
Creating the Note Electronically via Nafith Step by Step
- Log in to the Nafith platform through the Unified National Access to verify your identity as the creditor (beneficiary).
- Choose to create a new promissory note and select the type of beneficiary (individual or entity).
- Enter the debtor's (issuer's) data including name, ID number, and contact method so the signing request is sent to them.
- Enter the note amount in figures and words, the maturity date, and any agreed payment terms.
- Review the draft note to confirm all data is correct before sending.
- Send the note to the debtor, who receives a notification to sign it electronically through Nafith after verifying their identity.
- After the debtor signs, the note is issued, stored electronically, and becomes ready for collection or referral to enforcement when the term falls due.
What Happens If the Debtor Defaults
If the maturity date arrives and the debtor does not pay, you can refer the note directly to the execution court through the Najiz or Nafith portal without filing a lawsuit. The court orders the debtor to pay within a grace period, and if no payment is made, coercive enforcement measures begin.
- Seizure of the debtor's bank accounts and financial balances.
- Banning the debtor from travel until the debt is paid or settled.
- Seizure and sale of movable and immovable assets and property.
- Suspension of government services linked to the debtor as determined by the Enforcement Law.
Practical Tips to Protect Your Right
- Request a promissory note whenever you grant any deferral or installment in payment, and make it part of your commercial agreement.
- Make sure the amount in words exactly matches the amount in figures to avoid any dispute.
- Keep any document proving the cause of the debt (invoice or contract) to support your position if the debtor objects.
- Move to refer the note for enforcement as soon as default occurs, since delay adds no strength to the note and may complicate collection.
Frequently asked questions
Do I need to file a lawsuit before collecting on the promissory note?
No. The promissory note is an executive instrument under the Enforcement Law, so it is submitted directly to the execution court without the need for a case before the commercial court or a prior judgment.
What if the debtor objects to the note?
The debtor may submit an objection before the competent court, but the burden of proving the note's invalidity or that the debt was paid falls on them, and the objection does not automatically halt enforcement unless the court so orders.
Can a promissory note be issued in favor of an entity rather than an individual?
Yes. The Nafith platform allows issuing the note in favor of an individual or an entity, and the beneficiary is specified at creation, which makes it a suitable tool for companies to secure their receivables from clients.
How long does collection through direct enforcement take?
It varies with the debtor's responsiveness and solvency, but because the note skips the litigation stage, the path is far faster than a traditional lawsuit, and enforcement measures often begin within days of referral.
This guide was prepared and reviewed by a lawyer licensed in the Kingdom. The content is general guidance, not legal advice; consult a licensed lawyer for your specific case. Where an Arabic and an English text exist, the Arabic text prevails.