Translated from Arabic.
Thank you for your question. Under the Enforcement Law, when an enforcement request is filed on the basis of an enforceable instrument, such as a promissory note governed by the Commercial Papers Law, the debtor is notified of the enforcement order and given a short period to pay or to disclose his assets, usually five days from the date of notification. If that period passes without payment, measures are taken against him, including a ban on financial dealings with him, suspension of some government services, and disclosure and attachment of his assets, and it may extend to a travel ban.
Note that some essential services are exempt from suspension, such as healthcare, education and the family's basic needs. Attachment of salary is also limited to percentages set by law and does not cover the whole salary.
The main ways to lift the suspension are:
1. Paying in full by depositing the amount into the enforcement account assigned to the request through SADAD or Najiz, after which a decision is issued lifting the measures.
2. Agreeing with the creditor on instalments or a settlement, provided the creditor or his agent applies through Najiz to lift the suspension or record the settlement, because a verbal agreement does not lift the measures automatically. Make sure the agreement is documented in writing with a clear payment schedule, and be aware that missing instalments may bring the measures back.
3. Filing an enforcement dispute before the enforcement judge if you have a legal ground, such as prior payment, set-off or a challenge to the validity of the instrument.
4. If you are genuinely unable to pay, you can file an insolvency claim before the Enforcement Court, which will examine your assets and obligations, with the consequences and close scrutiny this entails.
We advise you to contact the creditor early, as finance companies often accept instalments combined with a down payment. You can also follow the status of the request and the measures taken through Najiz and Absher. The outcome of any request cannot be predicted with certainty, as it depends on the creditor's agreement or the court's assessment.
The KSA Lawyers team recommends consulting a lawyer specialising in enforcement cases to review the instrument, the enforcement order and your financial documents, and to choose the most suitable route for your situation.