Enforceable Writs - A faster way through legal proceedings

In the United Arab Emirates, filing a lawsuit in court is not always essential to get your rights. In many situations, the legislation provides certain documents with an enforceable character that allows the claimant to apply before the Execution Judge for enforcement measures towards the debtor.

Whether the claimant is a creditor, debtor, or one of the businessmen, knowledge of the enforceability of documents helps a lot and prepares the person to take necessary decisions regarding his rights.

1. What is an Enforceable Writ?

An enforceable Writ is a document that has enforceable power according to the law, thus giving an opportunity to the holder (the person or organization that owns the document) to proceed directly to Execution Court to demand any actions from the debtor without the necessity to file a separate substantive claim to prove the right.

The UAE legislature stipulates its rules in the Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code, in the Execution Part of the law and in Chapter titled “The Enforceable Writ” where the subject matter is covered.

Once the enforceable Writ with an executory formula has been granted and the document has been accepted by the execution judge, enforcement proceedings may begin in accordance with the provisions of the law.

2. What Writs are enforceable?

In the UAE, enforceable Writs consist of, but are not limited to:

• Judgments and orders, including penal provisions, including restitution, compensation, fines, and other civil rights.
• Documents notarized in accordance with the law regulating notarization and certification;
• Memoranda of Composition certified by Courts;
• Other papers on which the law confers such status.

The legal basis and requirements applicable to each type of document change according to the document type and applicable regulations.

3. The significance of an enforceable Writ :

The significance of an enforceable Writ is that it allows the person who possesses it to skip the lengthy and complicated process of proving their right in a court of law.

Instead of having to bring a case to court and attend the sessions and wait for a court ruling only to have to wait for that ruling to be enforced, a creditor with an enforceable Writ can go directly to enforcement action as soon as legal conditions for the enforcement of the document are met.

4. What steps can be taken in the wake of an enforceable Writ?

Once the enforceable Writ is presented for enforcement, the Court is entitled to take the following steps:

• Informing the debtor about the enforceable Writ and ordering him to comply.
• Freezing bank accounts.
• Freezing movable and immovable property.
• Freezing vehicles and other property.
• Selling confiscated property as required by the law.
• Issuing a travel ban where such issue is allowed by the law.
• Issuing arrest warranty.

5. Is the debtor entitled to object with an enforceable Writ?

Indeed, he is.

The existence of an enforceable Writ does not prevent the debtor from invoking any defence or objection recognised by law. Examples of such objections include:

• Challenging the Writ's validity.
• Saying that the debt has already been paid or extinguished.
• Disputing the amount of the debt.
• Pointing at imperfections or procedural irregularities regarding enforcement.

Such objections are subject to scrutiny in accordance with the rules of law and just filing them would not suspend the enforcement unless the court makes a relevant ruling in this regard.

6. Does every contract that has been granted a signature become enforceable, irrespective of the fact that the participants have signed the document and agreed to its enforcement?

 No.

 One of the commonest mistakes often made by people is the idea that an agreement achieved by means of signing a contract by two parties can be enforced right away by filing legal proceedings in the Enforcement Court.

Actually, it can be stated that an enforceable instrument is one of the mentioned documents that is entitled by the law to be considered enforceable. For the contract to acquire the status of enforceable instrument, it should be notarized by a Notary Public under the legislation on notarization, which is specified in section 2 of the mentioned list of enforcement instruments above.

It is not sufficient just to sign a contract or assure that it is enforceable.  Private (informal) contracts or documents without enforceability force, including those not notarized will be required to go to court before they are enforced.

7. What are other documents recognized by law as enforceable instruments?

As stated earlier, the fourth category of enforceable instruments refers to the "other documents approved as such by the law." This means that several laws grant specific documents the status of enforceable instruments, besides the Civil Procedure Law. The most notable examples include:

Bounced Cheques: According to Article (666) of Federal Decree-Law No. (50) of 2022 establishing Commercial Transactions Law, a cheque that has been returned partially or fully unpaid because of lack of sufficient funds qualifies as an enforceable instrument. The holder may approach the Execution Judge directly to enforce the value of the cheque without needing to file a suit first.

Decisions made by the Ministry of Human Resources and Emiratisation regarding labour disputes: Article (54) of Federal Decree-Law No. (33) of 2021 concerning labour relations states that the Ministry decides disputes arising from claims not exceeding AED 50,000, as well as cases where a party breaches a previous amicable settlement. The ministry’s decision in these disputes is an enforceable writs, while the parties retain the right to challenge it before the competent court within the period prescribed by law.

 8. The reasons for creditors’ preference for enforceable Writs.

There are many benefits of having an enforceable Writ, the most noticeable ones being:

• Saving on time and legal proceedings
• Getting to execution quickly
• Increasing ability to recover rights
• Reducing the chances of being stalled or delayed with payments

This is the reason why individuals and organizations spare no pains to draw up obligations in a way that makes them enforceable whenever feasible.

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Disclaimer: The information above is meant to spread awareness. For advice about your specific situation, please consult a qualified lawyer.