Kuwait Court of Cassation principle number 3008

Service upon the debtor of the payment order and the petition seeking its issuance. It must be completed within six months from the date of its issuance. Failure to complete valid service within this time limit. Its effect. The petition and the order issued thereon are deemed never to have existed. The court may not impose this sanction of its own motion, and the debtor must expressly invoke it, otherwise his right to raise it lapses. - Service of judicial papers upon the Public Prosecution. An exception. Recourse thereto. Its condition: conducting sufficient inquiries to investigate the residence of the addressee. The return of the document unserved is insufficient to pursue this exceptional route. - Assessment of the sufficiency of the inquiries preceding service upon the Public Prosecution. A matter of fact independently assessed by the court of merits. The condition therefor. - Service of the petition for a payment order and the order issued thereon, by which the time limit for objection begins. Its condition. It must be directed to the debtor personally, at his original domicile, or at his workplace, rather than at his elected domicile. Failure to complete that service within six months from the date of issuance of that petition. Its effect. It and the order issued thereon are deemed never to have existed. Its implication. The person against whom the order was issued must have certain knowledge thereof through personal service, or presumptive knowledge through service at his original domicile or workplace, for the time limit for objecting to it or appealing against it to run against him. 6- Service upon prisoners:-