Saturday, October 14, 2023

Civil case order enforcement and debtor aged 70 and above in the U.A.E

 In the UAE, the enforcement of civil case orders is governed by the Federal Law No. 11 of 1992 on the Enforcement of Civil and Commercial Judgments and Rulings (the "Enforcement Law"). 

There are a number of different ways to enforce a civil case order in the UAE, including:

  • Seizure and sale of assets: The Enforcement Department can seize and sell the debtor's assets to satisfy the debt. This can include the debtor's real estate, vehicles, and bank accounts.
  • Travel ban: The Enforcement Department can impose a travel ban on the debtor, preventing them from leaving the UAE until the debt is paid.
  • Wage garnishment: The Enforcement Department can garnish the debtor's wages, meaning that a portion of their wages will be deducted each month and paid to the creditor until the debt is satisfied.
  • Imprisonment: In extreme cases, the Enforcement Department can imprison the debtor for up to one year.
  • Other enforcement measures: The Enforcement Law also provides for a number of other enforcement measures, such as travel bans and asset freezes.

Article 1065 of the UAE Civil Procedure Code states that "debtors over the age of seventy shall not be imprisoned for debt, unless the debt is the result of a criminal act." This means that debtors over the age of 70 cannot be imprisoned for civil debts, such as debts for unpaid bills or loans.

 However, the age 70 rule does not mean that debtors over the age of 70 are immune from debt collection. Creditors can still enforce civil case orders against debtors over the age of 70 by using other methods, such as seizure and sale of assets, travel bans, and wage garnishment.

 It is important to note that the age 70 rule is only applicable to civil debts. Debtors over the age of 70 can still be imprisoned for criminal debts, such as debts for fraud or embezzlement.

 The Enforcement Law also contains a number of provisions that protect debtors, including:

 Exemptions: The Enforcement Law exempts certain assets from seizure, such as the debtor's primary residence and personal belongings.

If you are a creditor trying to enforce a civil case order against a debtor over the age of 70, it is important to seek legal advice to ensure that you are following the correct procedures.

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