Debt & Collection Lawyers in Mauritius

For a claim above Rs 100,000, section 21B permits the claimant to abandon the excess. Section 21C prohibits dividing a claim into separate proceedings solely to bring each sum within the court's jurisdiction. Where the District and Intermediate Courts (Civil Jurisdiction) Act requires a claim to proceed under Part II, the claimant may instead elect to discontinue it. ^[2]

Article 2270 of the Code Civil Mauricien sets a ten-year limit for personal actions, subject to special legal rules. Merchants' actions for goods sold to private non-traders have a two-year limit. Under article 2271, time runs from the date the right of action arose. Under article 2248, a debtor's acknowledgement of the creditor's right interrupts prescription. ^{[3] [2]}

The District and Intermediate Courts (Civil Jurisdiction) Act allows the court to order payment of judgment debts, damages or costs by instalments over no more than six months. This power does not apply where judgment is signed after issue of a writ to recover a bill of exchange or promissory note. ^[2]

If the defendant neither attends nor has a representative, the claimant may ask for judgment. The court must first be satisfied that the claim and hearing notice were communicated to the defendant under section 21H. Attend the hearing or arrange representation. ^[2]

For an appeal to the Supreme Court from a subordinate court's final decision, give written notice and grounds to the clerk within 21 days. Within 14 days after notice, lodge the appeal at the Supreme Court Registry, pay the record costs and fees, serve the respondent and other parties, and file the return of service there. Pay the sum the clerk considers sufficient to cover appeal costs. The Supreme Court may extend time on good cause shown, on an application by motion and affidavit. ^[4]