Key Points Highlighted in Light of the New Judicial Enforcement Law No. 04 of 2024

1. Cheques as Enforceable Instruments

According to Article 23 of the new Judicial Enforcement Law, a cheque that is dishonoured by the bank due to insufficient funds, non-payment, or partial payment constitutes an enforceable instrument. The beneficiary may directly file an application with the enforcement judge, accompanied by:

A copy of the cheque.

Proof of dishonour (e.g., a bank certificate indicating non-payment).

2. Is an enforcement application permissible after the expiration of three years from the issuance of the cheque or the reconciliation document?

According to Article 26 of the new Judicial Enforcement Law, an enforcement application should be filed within three years from the date of issuance of the cheque or the reconciliation document. If this period has elapsed, no enforcement application may be submitted.

3. Eviction of Tenants

The property owner or landlord may evict tenants without initiating legal proceedings, subject to specific conditions:

– The tenancy agreement should either be registered in accordance with the Real Estate Leasing Law or be recognised by the relevant authority if it is not subject to the provisions of the Real Estate Leasing Law.

– An enforcement application may be submitted to evict the tenant upon the expiration of the lease term.

4. Failure to Comply with Enforcement Court Orders:

Failure by the judgment debtor or the party subject to enforcement to comply with the orders of the Enforcement Court constitutes a criminal offence, punishable by law with:

– Imprisonment for up to three years,

– A fine not exceeding QAR 100,000,

– Or both, in cases where non-compliance occurs without valid justification after notification of the enforcement order.

Additionally, the law penalises any deliberate attempts by the judgment debtor to evade or conceal assets or to dispose of them in a way that hinders enforcement.

5. Penalties for Facilitating Asset Evasion

Anyone who aids or facilitates a judgment debtor in concealing or transferring assets to evade debt repayment is committing a criminal offence and may face imprisonment for up to three years or a fine of up to QAR 100,000.

6. Execution Timeline in Case of Non-Compliance:

If the judgment debtor fails to comply with enforcement orders, the decision should be executed within ten working days of the notification date. In cases of further non-compliance, enforcement may proceed compulsorily. The judgment debtor will be notified that all their assets, whether held personally or by third parties, are subject to enforcement, and any disposal of such assets to evade enforcement constitutes a criminal offence.

7. Enforcement Against Heirs upon Death of the Debtor

In the event of the debtor’s death, the creditor may request enforcement against the heirs, limited to the inherited estate. Heirs are prohibited from distributing or dividing the estate until the obligations under the enforceable instrument are fully discharged.

8. Right to Object to Enforcement Procedures

The judgment debtor has the right to object to enforcement procedures within ten working days of receiving notification of the enforcement order. The judge may grant the debtor a period of up to 90 working days to file a substantive claim, during which enforcement will be suspended.

9. Rejection of Enforcement Applications:

The enforcement judge may reject an enforcement application if it is determined that execution requires the resolution of substantive issues or adjudication on the merits of the judgment. In such cases, the matter will be referred to the competent court.

10. Judicial Enforcement Measures under the New Law

The enforcement judge is authorised to undertake the following measures:

– Seizure and sale of the judgment debtor’s assets.

– Arrest and summoning of the judgment debtor.

– Prohibition on the debtor’s disposal of assets or use of government services.

– Restriction on the debtor’s ability to contract with government entities.

– Imposition of a travel ban and detention of the debtor.

11. Precautionary Measures and Asset Inquiries

The enforcement judge may take precautionary measures, including asset inquiries and provisional seizures, before issuing the enforcement decision.

12. Termination or Amendment of Enforcement Procedures

Enforcement procedures may be terminated or amended in the following cases:

– If the judgment debtor pays the required amount.

– If the debtor provides guarantees or submits valid excuses deemed acceptable by the judge.

13. Appealing the Enforcement Judge’s Decisions and Orders:

The judgment debtor may appeal decisions and orders issued by the enforcement judge within ten working days of receiving notification or becoming aware of the decision. Appeals or objections should be submitted to the appellate division of the same court, whose decision is final and not subject to further appeal.