Understanding Court Judgment Enforcement
Enforcement of Court Judgments in Kuwait is a legal procedure. It is governed by the legislation and laws applied in Kuwaiti courts. The process follows the rulings issued by the judiciary. Dar Al-Tawajoh Law Firm handles diverse cases. They manage all judgment execution procedures. They also handle appeals and objections as permitted by law.
Do not hesitate to request their service. They will provide you with the best lawyer and legal consultant. This expert guidance is crucial for judicial matters.
Steps for Judgment Enforcement
Kuwait follows several methods for the Enforcement of Court Judgments. These methods depend on the court’s ruling. Contact Dar Al-Tawajoh Law Firm at 94959511. You can also visit their website for legal consultation. A specialized lawyer will follow these steps:
1. Submitting the Execution Request
The process begins by submitting an execution request. This request goes to the Execution Department. It must be submitted to the court that issued the original judgment.
The request can be submitted electronically. This is done through the Kuwaiti Ministry of Justice website. Alternatively, a paper request can be submitted. This is done directly at the court’s Execution Department.
All required judicial fees must be paid. The amount of these fees is determined by the type of judgment.
2. Issuance of the Execution Order
The judge issues the judgment and the execution request. This happens after verifying the data’s validity. The decision may be to accept or reject the execution.
The lawyer then follows up on the execution request. They send the file to the Seizure Section. This section carries out the judgment procedures.
The execution procedures are monitored. This is done through the electronic Justice Portal.
3. Required Documents
The court requires specific documents. These are needed before the Enforcement of Court Judgments in Kuwait. These documents include:
A copy of the execution formula is required. This is a formal document.
A copy of the judgment to be executed is also needed. This confirms the court’s decision.
A copy of the civil ID of the person against whom the judgment was issued is necessary. This identifies the defendant.
A power of attorney for the lawyer is mandatory. This authorizes them to act on behalf of the client.
A copy of the national ID of the person in whose favor the judgment was issued is also required. This identifies the claimant.
Methods of Enforcement
The methods for judgment execution in Kuwait vary. They are detailed in the Kuwaiti Commercial and Civil Procedures Law. Contact Dar Al-Tawajoh Law Firm at 94959511. They will follow up on the judgment execution according to its specific method:
Compulsory Enforcement
This type of enforcement applies to those against whom judgments have been issued. The methods of compulsory enforcement vary widely. One method is the seizure of the defendant’s movable assets. These assets are then sold at a public auction. This is done to settle the debts.
Another method involves the seizure of immovable assets. This means real estate is seized. It is then sold at a public auction to pay the debts.
Compulsory enforcement also includes wage garnishment. This is done to settle outstanding debts. Imprisonment for a specific period is also possible. This is for the inability to pay the debts.
Ordinary Enforcement
This procedure executes the judgment without direct court intervention. The specific item is delivered to the person in whose favor the judgment was issued. This delivery is in accordance with the judicial ruling.
A specific financial amount is paid to the right-holder. This payment is made as ruled by the judge.
Temporary Enforcement
This type of execution occurs before the final judgment is issued. It is temporary in nature. Certain conditions must be met for this execution.
The judgment must be executable. There must also be a risk if the temporary execution is not carried out.
Other Enforcement Methods
Enforcement of Court Judgments can occur through other means. One method is physical coercion. This forces the defendant to execute the judgment using force.
Another method is precautionary seizure. This involves seizing the defendant’s funds before the final judgment. This ensures the judgment will be executed later.
Criminal Execution Prosecution
The Ministry of Justice handles the Enforcement of Court Judgments. This is done through specialized bodies. The Criminal Execution Prosecution’s responsibilities include:
They execute orders for appearance before the Public Prosecution. This applies to both witnesses and the defendant.
They also notify parties of the Public Prosecution’s decisions. This relates to the preservation of judicial documents.
They undertake the tasks of following up on execution procedures. This is for judgments issued in absentia.
They deliver grievances filed against the preservation decision. These are submitted by the concerned parties to the competent courts.
They are also responsible for receiving petitions. These petitions are filed with the Public Prosecution.
They handle the lifting of travel bans. This is a crucial administrative task.
Furthermore, they execute decisions issued by the criminal circuits. They also follow up on Amiri pardon decisions. They also handle the cancellation of pardon decisions.
They are specialized in presenting criminal death penalty judgments. This is done for the competent court. This is to initiate execution procedures.
They also deliver certificates and judgments to the concerned parties. This is for those with the legal right to receive official copies of the judgment.
Checking Criminal Execution Status
The Ministry of Justice provides an easy electronic method. This allows tracking the Enforcement of Court Judgments in Kuwait. This is done by following a few simple steps:
First, access the Kuwaiti Ministry of Justice website. This is the starting point for the inquiry.
Select the icon for “Inquiry about the Automated Case Number.” This directs the user to the search function.
Enter the automated case number. Then click the “Search” button.
Next, select the relevant case icon from the available options. This narrows down the search.
Finally, select “Inquiry.” This will provide all the details and updates regarding the judgment’s execution.
Financial Judgment Execution
Financial judgments are executed through the judicial authority. The Enforcement of Court Judgments for financial matters is done as follows:
First, the debtor is notified of the judgment. They receive a copy of the judicial ruling. This ruling specifies the amount of the debt.
Next, the execution request is submitted. The party wishing to execute the financial judgment must submit a formal request. This request goes to the Judicial Execution Department.
The judgment is then executed based on the submitted request. The Execution Department takes all necessary measures. This includes seizing funds and real estate. This is done to settle the outstanding amount.
A notification is sent to the debtor. This informs them of the execution procedures taken.
Finally, the debt is settled. This happens after taking legal measures. This ensures the payment of the due amount to complete the settlement procedures.
See also : Debt Collection Procedures in Kuwait
Learn more about the Enforcement of Court Judgments. This applies to financial or other cases. Visit Dar Al-Tawajoh Law Firm’s website. You can also call 94959511. This will book an appointment with a specialized lawyer and consultant in Kuwait.
FAQ
How Long Does Enforcement Take?
The time it takes for judgment execution varies. It depends on the type of case. The complexity of the required case is also a factor. The general volume of cases affects the timeline. Some cases do not take much time. Other cases may take a long time.
Can Execution Be Postponed?
Yes, the execution decision can be postponed. This is done by submitting an appeal request. The request goes to the competent court. However, there must be a fear of serious harm. The reasons for the appeal must be clearly stated.
Can the Execution Order Be Objected To?
Yes, an objection to the execution decision can be issued. The condition is that the objection must be within the specified period.
What Are Criminal Cases in Kuwait?
Criminal cases are those that affect the safety and security of individuals. They also compromise state security. The sentences for criminal cases vary. They can include fines, death, or imprisonment. The sentence depends on the type of crime committed.
Follow up with Dar Al-Tawajoh Law Firm. They handle the Enforcement of Court Judgments based on the case type. Their lawyer has full experience. They know all the necessary procedures until the judicial ruling is executed.