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Formal notice in Tunisia: debt recovery guide 2026
Formal notice, payment order, competent court, limitation: the COC and CPCC rules for recovering a debt in Tunisia in 2026.
Under Article 268 of the Code of Obligations and Contracts (COC), a debtor is in default when, without valid cause, it is late in performing all or part of its obligation. The formal notice (mise en demeure) records that delay and opens the creditor's remedies.
Article 269 distinguishes two situations. If the contract sets a due date, the debtor is in default once that date passes. If there is no due date, the creditor must send a demand to the debtor or its legal representative.
Special cases
No demand is needed if the debtor expressly refused to perform or if performance has become impossible (Art. 270).
If the debtor has died, the heirs are in default only after a demand addressed to them (Art. 271).
A demand made at a time or place where performance is not due has no effect (Art. 272).
Effects
Once the debtor is in default, the creditor may seek specific performance where possible, or termination of the contract, with damages in both cases. Termination is not automatic: a court must order it (Art. 273).
How to send the formal notice
Article 269 COC requires a written demand. It mentions a registered letter, a telegram and a court summons, even before a court without jurisdiction.
In practice, two routes dominate. A registered letter with acknowledgment of receipt is quick and cheap. A notice served by a bailiff (huissier de justice, عدل منفذ) gives stronger proof of the date, the recipient and the content. For a large claim or a debtor who disputes it, the bailiff is the safer route.
What the letter must contain
Full identity of creditor and debtor (name or company name, address, tax ID for a company).
The basis of the claim: contract, invoice, purchase order, cheque or bill, with dates and references.
The exact amount claimed, with a breakdown.
A reasonable deadline to pay or perform, as Article 269 requires.
A statement that, failing payment, the creditor will consider itself released from its own obligations and will take legal action.
Date, signature and copies of supporting documents attached.
Keep it factual. A threatening or vague letter weakens your position if the case goes to court.
Amicable recovery
A formal notice often opens a negotiation. If the debtor agrees to pay in instalments, put it in writing: acknowledgment of debt, dated schedule, amount of each instalment and what happens if one is missed.
A signed agreement is written proof of the debt and its amount. This helps if you later apply for a payment order, which requires a fixed claim.
The payment order (injonction de payer)
The Code of Civil and Commercial Procedure (CPCC) sets out a simplified procedure, with no hearing, in Articles 59 to 67. It covers claims for a fixed amount with a contractual basis, or arising from a cheque, bill of exchange, promissory note or a guarantee of these (Art. 59).
Prior demand: if the claim exceeds 150 dinars, the creditor must first demand payment within 5 days, extended to 30 days if the debtor lives abroad. The demand is accompanied by the debt instrument (Art. 60).
Competent judge: the judge of the debtor's actual or chosen domicile (Art. 61). The cantonal judge hears the request if the amount is within his jurisdiction; above that, the president of the court of first instance (Art. 62).
Application: in two copies, on stamped paper, stating the exact amount and the basis of the debt (Art. 63).
Decision: the judge rules within 3 days. If refused, the same claim cannot be filed again as a payment order; you must bring an ordinary action (Art. 64).
Enforcement and appeal: the order is served on the debtor and then enforced; it can be appealed whatever the amount (Arts. 65 and 66).
Ordinary action and urgent proceedings
If the debt is disputed or does not meet the payment-order conditions, you need an ordinary action. Under Article 39 CPCC, the cantonal judge hears personal and movable claims at first instance up to 7,000 dinars. Above that, the court of first instance has jurisdiction (Art. 40). Disputes between traders go to its commercial chamber.
Urgent proceedings (référé) provide fast, provisional measures without deciding the merits. They are ordered by the president of the court of first instance, with appeal to the court of appeal (Art. 41). The cantonal judge rules in référé only in the cases listed in Article 39, such as certain protective attachments.
These amounts come from the consolidated CPCC published by WIPO (updated to Law No. 2010-36). Check the thresholds with the court registry before acting.
Interest and limitation
Late-payment interest
Where the obligation is to pay a sum of money, damages consist of interest at the legal rate, owed without proof of loss, from the date of the formal notice (Art. 278 COC). The text reserves specific rules for commercial matters. If the debtor acted in bad faith and caused a separate loss, additional damages may be claimed. A contract may also set late-payment penalties: read it before calculating your claim.
Time limit to sue
Article 402 COC sets the general limitation period at 15 years for actions arising from an obligation, unless the law provides otherwise. The COC sets much shorter periods for certain claims, sometimes one year. Cheques and bills also have their own periods. Do not wait: identify the period that applies to your claim from the first missed payment.
Frequently asked questions
Is a formal notice by email valid?
Article 269 COC requires a written demand and lists traditional forms of proof. An email can serve as evidence, but its date and receipt can be challenged. Before starting proceedings, use a registered letter or a bailiff.
Is a formal notice required before a payment order?
Yes, if the claim exceeds 150 dinars: the prior demand, with a 5-day deadline (30 days for a debtor abroad), is a condition of the application (Art. 60 CPCC).
Which court should I go to?
The cantonal judge up to 7,000 dinars, the court of first instance above. For a payment order, the judge of the debtor's domicile has jurisdiction.
Do I need a lawyer?
Representation by a lawyer is in principle mandatory before the court of first instance, with exceptions, notably before the cantonal judge. For a large claim, a lawyer secures the procedure and enforcement.
Key takeaways
A written, precise and provable formal notice is the basis of any recovery. It starts interest running, opens the payment-order route and prepares legal action.
E-Tafakna offers a free formal-notice generator that produces a structured letter for your country, along with contract templates and TunTrust electronic signature to secure your payment agreements.
Sources
Code of Obligations and Contracts, Articles 268 to 273, 277 and 278 (jurisitetunisie.com)
Code of Obligations and Contracts, Article 402, as cited by Monolith Law Office (monolith.law)
Code of Civil and Commercial Procedure, Law No. 59-130 of 5 October 1959, Articles 39 to 41 and 59 to 67, consolidated to Law No. 2010-36 (wipo.int)
German Embassy in Tunis, information sheet on civil and commercial litigation in Tunisia, March 2015 (tunis.diplo.de)
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Templates that follow your country's law, electronic signature (including TunTrust qualified signature in Tunisia) and secure archiving.
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Formal notice in Tunisia: debt recovery guide 2026
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