Executive Attachment in UAE Legislation: Mechanisms, Controls, and Procedures ⚖️
Executive attachment (also known as Executory Seizure) is one of the most vital legal instruments established by UAE legislators to ensure the enforcement of judicial rulings and safeguard creditors' rights. It is a coercive measure aimed at compelling a debtor to fulfill their financial obligations arising from a certified "Executive Writ" (Enforcement Deed), all under the direct supervision and oversight of the judiciary.
I. Concept and Objective of Executive Attachment At its core, executive attachment is not a punitive measure. Rather, it is a legal system designed to place the debtor’s assets—whether real estate, movables, or bank accounts—under the hand of the judiciary. This prevents the debtor from disposing of assets in a manner that harms the creditor's interests, serving as a preliminary step toward liquidating those assets to satisfy the debt. The ultimate goal is to uphold justice and prevent stalling in the enforcement of court judgments.
II. The Competent Enforcement Authority The United Arab Emirates has entrusted the oversight of this process to the "Enforcement Judge." This judge is specialized in issuing all decisions and orders related to execution, including:
Ordering the attachment of various types of assets.
Issuing travel bans.
Ordering executive detention (imprisonment) in cases prescribed by law.
The "Enforcement Court" handles the procedural and field follow-ups to ensure that enforcement writs are implemented according to local jurisdiction and in compliance with Federal Civil Procedures Law No. 42 of 2022 and its amendments.
III. Procedures of Executive Attachment The UAE law outlines a precise procedural path to balance the interests of both parties:
Filing the Request: The creditor submits an enforcement request to the competent court, accompanied by the Executive Writ (e.g., a final judgment, a reconciliation minute, or an authenticated deed).
Judicial Review: The Enforcement Judge reviews the writ to ensure it meets all legal requirements.
Notification (Executive Notice): The debtor is formally notified to pay within a legal grace period (typically 7 days). This is a fundamental step before initiating coercive measures.
Executing the Attachment: If the grace period expires without payment, the judge issues an attachment order. An enforcement officer then proceeds to inventory and document the assets in an official report.
Enforcement and Follow-up: The process concludes either through an amicable settlement or by selling the seized assets at a public auction to settle the creditor's dues.
IV. Legally Recognized Types of Attachment Executive attachment extends to all of the debtor’s disposable assets, most notably:
Real Estate Attachment: Includes land and buildings; notice is filed with the relevant Land Department.
Attachment of Movables: Such as vehicles, equipment, and inventory.
Garnishment (Attachment of Debtor’s Assets held by Third Parties): Targets bank accounts and deposits, where funds are frozen via direct judicial orders to banks.
Attachment of Stocks and Shares: Covers ownership in commercial companies or Free Zone entities.
Wage Garnishment: A percentage of the debtor’s periodic income may be deducted (usually not exceeding 25%), taking into account basic living requirements and alimony.
V. Conditions for a Valid Executive Attachment To ensure the legality of the attachment and avoid nullification, the following conditions must be met:
Validity of the Executive Writ: The right must be established, for a specific amount, and currently due.
Formal Request: Submission of a request containing all necessary data (identity of parties, debt value, and assets to be seized).
Judicial Order: No attachment can occur without an explicit, written order from the Enforcement Judge.
Exempted Assets: The law prohibits seizing certain essential assets, such as the debtor's primary residence, tools necessary for their profession, or funds designated for alimony.
Adherence to Deadlines: The attachment order must be executed within the periods specified by law to remain valid.
Conclusion The executive attachment system in UAE law constitutes a fundamental pillar of the civil justice framework. It combines the coercive power of law with legal safeguards that prevent abuse, thereby enhancing confidence in the state’s legal and economic environment.
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