Enforcement Court Guide in Saudi Arabia
This guide has been designed as a simplified and reliable source for understanding the role of the Enforcement Court, its jurisdiction, and the related procedures. Without going into complex regulatory details, we present the information that matters to you as a citizen or resident seeking to understand your rights and duties if you hold, or are subject to, an enforceable instrument.
If you are in a legal situation involving an enforceable instrument or the enforcement of a judgment, and you find it difficult to determine the procedures or the competent court, you can request a general legal consultation via the WhatsApp button
What Is the Enforcement Court?
The Enforcement Court is a judicial body under the Ministry of Justice that has jurisdiction to enforce final judgments and enforceable instruments; it represents the stage at which judicial judgments are translated into practical reality that returns rights to their owners. The Saudi Enforcement Law is the statutory framework that regulates the work of these courts and grants them their powers.
What Cases Does the Enforcement Court Hear?
According to the Enforcement Court Guide in Saudi Arabia, the Enforcement Court does not examine the substance of the dispute or the details of the case, but has jurisdiction only over enforcing judgments and obligations for which final judicial decisions were issued or which were documented in the form of enforceable instruments. The most prominent types of cases it hears under the Enforcement Law and its implementing regulations, such as Article 70, include:
- Enforcing final judicial judgments: such as judgments issued by the general, commercial or personal status courts, after they become enforceable.
- Collecting debts under commercial papers: such as checks, bills of exchange and promissory notes, provided they meet the statutory conditions.
- Enforcing documented official contracts: such as lease or sale contracts or agreements certified by official documentation bodies.
- Enforcement orders on arbitration awards: once they have been ratified by the competent court, allowing them to be enforced through the Enforcement Court.
- Enforcing estate division deeds or alimony or custody: deeds issued by the personal status courts that are enforced by statutory force when there is refusal to comply with them.
Who Turns to the Enforcement Court?
The Enforcement Court is turned to by anyone who holds an enforceable instrument and needs to convert that instrument into an actual obligation carried out on the ground. This includes a wide range of individuals and bodies, as explained by the Enforcement Court Guide approved by the Ministry of Justice. The most prominent situations are:
Individual creditors
Who obtained final judicial judgments in their favor, whether in financial or personal disputes, and aim to collect their legal rights.
Heirs
Who wish to enforce estate division judgments or collect alimony amounts or inheritance entitlements as issued by the competent court.
Companies and institutions
That rely on financial orders or commercial papers such as checks and bills of exchange to enforce their financial claims.
Mothers or fathers
In custody, visitation or alimony cases, where the Enforcement Court is used to compel the other party to comply with what was judicially ruled.
Investors and contractors
Who hold documented contracts or ratified arbitration awards and seek to activate them.
Citizens or residents
Harmed by private bodies or individuals breaching documented obligations, such as official lease or sale contracts.
What Is the Difference Between the Enforcement Court and Other Courts?
The competent body may differ depending on the nature of the dispute, and not all cases are brought before the Enforcement Court. The following table shows the comparison between the Enforcement Court and some other courts:
| Legal Situation | Competent Court | Notes |
|---|---|---|
| Enforcing a final court judgment | Enforcement Court | An enforceable instrument is required. |
| Claiming dues under a commercial contract | Commercial Court | The lawsuit is filed first, then enforcement later. |
| Custody, alimony or divorce | Personal Status Court | The judgment is issued first, then enforced later. |
| Interpretation of or objection to a judgment | Court of Appeal | It has nothing to do with direct enforcement. |
Legal Warnings Before Submitting an Enforcement Request
Before submitting an enforcement request, it is essential to understand some legal aspects that may directly affect the acceptance of your request and the speed of its processing. Many litigants fall into procedural errors that delay enforcement or even lead to the request being rejected from the outset.
Here are the most important notes:
- Importance of judicial jurisdiction: The judgment or enforceable instrument must be issued by a body with subject-matter and territorial jurisdiction. For example, if a judgment in a commercial dispute was issued by a court without jurisdiction, its enforcement may later be rejected.
- Incomplete enforceable instrument: The judgment must be final and bear the enforcement formula, or the instrument must be among those recognized in the Saudi Enforcement Law (such as checks, documented contracts, etc.). Incomplete or deficient instruments are often rejected.
- Initially filing the lawsuit in a court without jurisdiction: Even if you obtained a judgment, filing the lawsuit in a court without jurisdiction may lead to a judgment that cannot be enforced, taking you back to the starting point.
- Unclear debtor data: Accurate data on the party against whom enforcement is sought is a basic requirement for a valid request. Many requests are rejected or delayed because of missing contact information or an incorrect ID number.
- More than one claim in a single instrument: If the instrument includes multiple claims of different types (financial, personal, in-kind), each type must be clarified separately to ensure enforcement is accepted.
Did you have difficulty determining the eligibility of the instrument or the competent body? Request a general legal consultation now via the WhatsApp button at the bottom of the screen.
Enforcement Cases from Saudi Practice (Applied Studies)
Before submitting an enforcement request, it is essential to understand some legal aspects that may directly affect the acceptance of your request and the speed of its processing. Many litigants fall into procedural errors that delay enforcement or even lead to the request being rejected from the outset.
- Company (A) filed a commercial lawsuit against Company (B) before the Commercial Court, claiming financial entitlements for the supply of services.
- After the litigation procedures were completed, a final and conclusive judgment was issued in favor of Company (A), making it eligible for enforcement as an enforceable instrument.
- Company (A) submitted an electronic enforcement request through the Najiz portal, attaching a copy of the judgment along with the ID number and commercial register of the defendant.
- Within two working days, the Enforcement Court issued the enforceable instrument Decision 34, which obliges the convicted company to pay within 5 days of notification.
- Company (B) did not respond within the specified period, so the Enforcement Court issued Decision 46, including:
- Seizing the bank accounts linked to the commercial register.
- Suspending the company's services with government bodies until full payment.
- Disclosing the company's assets, including registered real estate and warehouses.
- Within a week, the full awarded amount was collected through seizure and direct transfer.
- Citizen (X) signed a documented purchase contract for a property (a residential unit) from a real estate development company, which stipulated the delivery date.
- The company delayed delivering the property despite the deadline having passed, so the citizen submitted, through Najiz, a direct enforcement request for the contract, as it is a recognized enforceable instrument.
- The citizen attached a copy of the contract, an ID proof number and the location of the property.
- Within less than 24 hours, the Enforcement Court issued Decision 34, which warned the company that it must perform the obligation within 5 days.
- The company ignored the decision, so the Enforcement Court issued Decision 46, including:
- Suspending the real estate company's services with the Ministry of Commerce and the regional municipality.
- Imposing an escalating daily financial penalty until delivery is carried out.
- Banning the company's representative from traveling until the obligation is completed.
- Within 10 days of the last decision, the company delivered the property to the citizen, and the transaction was closed in enforcement.
Most Common Questions About the Enforcement Court
What is the Enforcement Court and what is its jurisdiction?
The Enforcement Court is the judicial body competent to enforce final judgments and enforceable instruments under the Saudi Enforcement Law. It does not have jurisdiction over the substance of the dispute, but focuses on the Enforcement Court procedures relating to converting the judgment or enforceable instrument into actual enforcement. Its jurisdiction includes enforcing:
- Final judicial judgments in civil, commercial and personal status cases.
- Documented official contracts that are considered enforceable instruments.
- Commercial papers such as checks and bills of exchange.
Enforcement orders for arbitration awards after they are ratified.
What are the steps for submitting an enforcement request?
- Log in to Najiz.
- Choose “Submit an enforcement request”.
- Fill in the data and attach the instrument.
- Follow the request electronically.
What is the difference between Decision 34 and Decision 46?
- Decision 34: an initial notice to the debtor to comply within 5 days.
- Decision 46: issued when the first decision is ignored and includes penalties such as a travel ban.
What are the types of enforceable instruments?
- Conclusive judicial judgments.
- Documented official contracts.
- Checks and bills of exchange.
- Ratified arbitration awards.
Can a judgment issued against a government body be enforced?
Yes, a judicial judgment can be enforced against a government body, provided that:
- The judgment is final and bears the enforcement formula.
- The Enforcement Court procedures for dealing with government bodies are observed under the Saudi Enforcement Law.
There may be additional regulatory procedures when enforcing judgments against government bodies due to the nature of their obligations, but the basic statutory rule permits enforcement.
Where do I submit the enforcement request electronically?
An enforcement request is submitted electronically through the Najiz portal of the Saudi Ministry of Justice, through your account on the Nafath platform. This way of inquiring about an enforcement request and the steps to enforce a judicial judgment through Najiz makes it easier for the parties to file and follow their requests without visiting the court in person.
What are the legal penalties for a debtor who refuses to comply with enforcement?
- Ban on government services.
- Travel ban.
- Enforcement imprisonment.
- Disclosure of assets and seizure of them.
How long do enforcement procedures take?
The duration of the complete steps to enforce the judgment depends on the debtor’s responsiveness, the complexity of the enforceable instrument, and the nature of the enforcement required (such as seizure, travel ban, or in-kind enforcement). Some may be completed within weeks, and some need longer depending on the case.
How is an alimony judgment enforced?
An alimony judgment is enforced through Enforcement Court procedures like other judgments, by following the method of submitting a request to enforce a judicial judgment through Najiz, attaching:
- A copy of the alimony judgment issued by the Personal Status Court.
- Clear data on the debtor (the party against whom enforcement is sought).
After that: - Enforcement Court Decision 34 is issued to notify the debtor.
- If the debtor refuses, Enforcement Court Decision 46 is issued.
The alimony is deducted monthly from the debtor’s salary or bank account in accordance with the regulation, and paid to the beneficiary.
In some cases, it may not be clear whether the Enforcement Court is the competent body, especially when there are several parties or more than one type of enforceable instrument, or when procedures conflict between more than one court.
If the dispute is complicated or jurisdictions overlap, it is advisable to request a general legal consultation to determine the appropriate court based on your situation.