In our files, a judgment issued in Iraq in the defendant's absence (غيابي) cannot be challenged in cassation until the other party has been formally served with the decision.
In Baghdad, service of a default judgment goes by registered mail. If the judicial letter cannot be delivered, the party is notified through the newspapers. When the post confirms the letter was received, the postal reply is submitted to the court, and only then does the 30-day cassation period begin.
In the Kurdistan Region, where the defendant's address was unknown, we arranged service through police stations in the districts of Erbil governorate, which is how we handled most of our court files there.
Separately, in one Kurdistan file this year, a review of the court records showed a cassation appeal filed after the statutory deadline. It was not admitted.
After any default judgment:
- Ask your local lawyer how and when service will be made
- Take the cassation start date from the court file, not your own count
- Ask for proof that service is complete
- Instruct the appeal as soon as service is proved
Handling a default judgment in Baghdad or Erbil? Our team can walk you through how service works.