Non-Payment of Civil Claims/Judgements

When Civil Cases are planned to file then a common question is asked to Advocates. We will not use the word” Legal Consultant here”, because court representation is only for Emirati National Advocates, who can also be called Emirati Legal Consultants. The common question is, what if the person/party does not pay after the verdict from the court? Even after the court judgement, what might happen if the person/party does not pay. It’s a common question by prospects. What are the options available for the plaintiff? What are the options for the defendants, let’s discuss today.

In the United Arab Emirates, Article 69 Federal Civil Procedure Law, and several relevant articles describe this procedures. Court has to pass the final verdict first. It can be from any court e.g. 1^st Court, 2^nd Court or 3^rd Court. The only difference is that after the verdict from 3^rd Court just executions are opened or can be opened. After the 1^st and 2^nd Courts, the appeals can be filled only. The judgement reconsideration request and the request for reversing the judgment between the courts, is not being discussed here. After the execution is opened, then payment has to be made or the alternative options can be adopted by plaintiffs. Execution order has also authority where assets and property can also be seized. Court sends the notice to make the payments within 15 Days, from the day/date when the notice is served. What happens if the payment is not made within 15 Days, let’s have a look;

• Stocks attachment request can be filled.
• Bonds attachment request can be filled.
• Property attachment request can be filled. (It is for the movable property)
• Shares attachment request can be filled.
• Bankruptcy (Please check with the Lawyers because new Laws are introduced here).

Execution Judge can order the imprisonment of one month which is renewable. It can be extended as well. But the order of imprisonment has to be issued after a proper investigation. A Proper Investigation needs to be conducted by Execution Judge. He has to check the financial condition of the defender. Execution Judge can also issue consecutive 6 months. Installment option is available for, the defender while paying the court verdict amount. The Travel Ban is must during this time. Defender can’t lift it before paying the execution amount. Cabinet Resolution Article 188, and Cabinet Resolution 57 of 2018 explain this phenomenon this way that, there are certain conditions where detention orders can’t be issued as well. Lawyers and Legal Consultants can better throw the light on this matter. An article like this can’t cover all the technical and important points. However, as per Article 185, the detention order can’t be issued if amount is less than AED 10000 (********Except Few Conditions), and installments up to 3 years can also be provided. This is also covered by Article 188, Cabinet Resolution 57 of 2018.

It is understood that Imprisonment is the part of Execution Judgement. To understand this process, we recommend to consult the Advocates and Legal Consultants. These Advocates and Legal Consultants, must be Emirati Nationals and known for having expertise in such cases.

The most important part is to hire the professional lawyers so an innocent could be saved from an unfavorable judgement and could get a favorable judgement. Such services can only be expected from professional Law Company. Dubai has several professional and trusted Law Firms/Law Companies where just competent and professional advocates are hired. Even though the Emirati Advocate has to be hired but that should also be the best attorney for such cases. An expert attorney for Labour and Employment Cases might, not be a good choice for Civil a Criminal Cases.

Learn More Here About: Execution Registrations   

————————

Few Conditions********

• Alimony
• Fines

Work Obligations etc