The Saudi Enforcement Law (نظام التنفيذ) is what turns a judgment or other enforceable document into money in the creditor's hands. It sets out what can be enforced, who enforces it, what measures can be taken against a debtor who refuses to pay, and when a debtor is treated as insolvent. It was issued by Royal Decree No. (M/53) dated 13/8/1433H and was followed by its Implementing Regulations. If you want the practical steps for filing an enforcement request, read the Enforcement Court and enforcement requests. Here we explain how the law is structured and its key provisions.
What can be enforced? Enforceable instruments
Enforcement only proceeds on an enforceable instrument (sanad tanfidhi) for a right that is of a fixed amount and currently due. The main enforceable instruments under the law include:
- Court judgments, decisions and orders.
- Arbitral awards that carry an enforcement order. Read commercial arbitration.
- Settlement records certified by the competent authorities.
- Commercial papers such as cheques, promissory notes and bills of exchange. Read the promissory note.
- Notarised contracts and documents, including notarised lease contracts. Read the unified Ejar lease contract.
- Foreign judgments and instruments, once an order for their enforcement has been made under the conditions of the law.
Types of enforcement
| Type | What it means |
|---|---|
| Direct enforcement | Doing or refraining from an act: handing over property or movables, eviction, handing over a child in custody, or carrying out visitation |
| Enforcement against assets | Recovering a sum from the debtor's assets: bank accounts, real estate, movables, shares, and amounts owed to the debtor by others |
| Enforcement of family judgments | Maintenance (nafaqa), custody and visitation, which have priority and special procedures to protect children |
What happens to a debtor who refuses to pay?
If the debtor does not comply within the period set in the enforcement order, the law allows the enforcement judge to take measures to compel payment, including:
- Disclosing, attaching and enforcing against the debtor's assets.
- A travel ban.
- Suspending the issue of powers of attorney by the debtor, and suspending some of the debtor's government and banking services. Read suspension of services and travel bans.
- Disclosing the debtor's information in the credit record.
- In cases defined by the law, enforcement detention.
For expatriates, a travel ban or suspended services can affect leaving the Kingdom and residency-related transactions, so an enforcement order should never be ignored.
Insolvency: when the debtor cannot pay
A debtor's claim that he cannot pay is not enough on its own. An insolvency claim (da'wa al-i'sar) is examined as the law provides, the debtor's assets are searched for and his circumstances verified. If insolvency is proven, a judgment is issued to that effect, which affects the enforcement proceedings. If it turns out that he hid assets or acted fraudulently, he is treated as a defaulter and may face liability. Traders and companies are subject to special rules under the Bankruptcy Law.
The conditions and effects of insolvency and the procedural periods are set by the current statutory texts, so check them or consult a lawyer before taking any step.
Frequently asked questions
Can enforcement be challenged?
Yes. The law allows the person enforced against to dispute the enforcement before the enforcement judge in specific cases, such as payment, release from the debt, postponement, settlement or assignment of the debt.
Can the debtor's salary be attached?
Part of the salary may be attached within the proportions and limits set by the law, taking into account any maintenance that is due.
What is the difference between the Enforcement Law and the Enforcement Law before the Board of Grievances?
The Enforcement Law governs the enforcement of instruments before the enforcement courts. Judgments of the administrative judiciary (the Board of Grievances, Diwan al-Mazalim) have their own law and procedures.
Need a judgment or instrument enforced, or has an enforcement order been issued against you?
The team at Usus Law Firm handles enforcement and service suspension for creditors and for those enforced against, in Riyadh and Tabuk. Proceedings are in Arabic; we advise you in English.
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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