Execution in Saudi Arabia:Execution by the Judge in Saudi Arabia
Earlier, the King or his representative performs the execution as per Article (50) of the Main Laws for the issued rule in 1412H, and the stipulations of the 2nd paragraph of the 7th Article of the Regions Law issued in 1412H, and this stipulates that the Prince of each region is to be responsible for execution of the judiciary rules.
However, after the issue of the Council of Ministers’ Resolution No:- 261 in 12/08/1433H,the execution performance is now referred from the Administrative Ruler to the Execution Judge.
Characteristics:
The concept of the execution instrument has been widened to include:
• rules of arbitrators,
• Reconcilement Records,
• commercial papers, (Promissory Note, Check, and Order Bill of Exchange),
• Attested Contracts,
• normal papers,
• foreign rules and
• records.
• To prevent fraud by defendant, the execution judge becomes competent of insolvency cases.
• Guaranteeing not to Procrastinate by defendants.
• Financial and physical Prosecution of the defendants till payment.
General Terms & Conditions of the Execution Instrument:
• It should be with exact value upon payment.
• It should be obligatory or under commitment such as a rule of payment of an amount.
Special Terms & Conditions of:
A- Rules issued by Courts:
• Should be obligatory in format.
• Should be final, non-appealable by normal methods of appeal.
• Should be concluded by the execution format.
B- Conciliation Records:
The execution wording should be written in the bottom of the record, “the competent authority of accreditation of conciliation records.
C- Commercial Papers:
Promissory Notes:-
• Promissory Note should be written within the document.
• A matter that is not conditioned.
• Name of the Drawee .
• The due date, if not, it will be due upon reading.
• Due payment place.
• Name of the Beneficiary.
• Date & Place of issuing the Promissory Note.
• Signature of the debtor.
Order Bill of Exchange:
• The word “Bill of Exchange to the order of “.
• Undertaking not conditioned.
• Due date, if not, it is payable.
• Due payment place.
• Beneficiary name.
• Date & Place of Issuance of the bill.
Check:
• The word “Check “to be written.
• The Drawee name.
• Due payment place.
• Date & Place of Issuance of the check.
D- Rules & Judgments issued from a Foreign Country:
• An official copy of such rule appended by the execution wording.
• Certificate certifying that it is final judgment.
• Copy of the Rule Notification Record of a true copy as a proof of notifying the defendant.
E- Normal Papers:
• The debtor should appear before the execution judge.
• The debtor should declare the debt.
Steps & Procedures of the Execution:
• Submitting of an Execution Request to the competent court of place and type, with full data i.e. name of plaintiff, defendant, address, document number and date, value, bank account number of plaintiff to deposit his own money.
• The defendant is to be notified, with a copy of the judgment, if not possible to notify, then notification is to be in the daily newspaper after 20 days of the judgment date.
• In case the defendant has no address, then the Principality should notify as applicable.
• If the defendant has been notified, then the judge should prove this at the bottom of the execution instrument.
• The Instrument is to be verified.
• the execution stamp on instrument including the sentence
• The execution judge issues a judiciary order against the defendant, requiring execution and disclosing his financial status equal to the debit.
• If the defendant has been notified, then the judge after 5 days should order the following:
• Prevent the debtor to travel.
• Suspension of the defendant services.
• Disclosing and seizure the moneys of the defendant.
• Imprisonment the defendant under laws
