UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance

Archive for March 28, 2010

Attachment of Stocks, Securities, Incomes and Shares in the UAE

 

Civil Procedures Law, Federal Law No. 11 of 1992

Article 290:

  1. If stocks and securities belong to their holders or if they are endorsable, their attachment shall be in the manner prescribed for attachment of a movable in possession of the debtor or others.
  2. Attachment of regular incomes, nominal stocks, shares of accrued profits held due with incorporeal persons, and rights of testators in companies shall be in the manner prescribed for attachment of a debtor’s dues held with others.  Attachment thereof shall include the seizure of their proceeds until the day of Sale.

 

Article 291:

Stocks and securities and the like as provided for in the preceding article shall be sold by public auction according to the procedures provided for in Article 279 and the latter articles under the supervision of the judge of execution.

Attachment of the Moveable Held With the Debtor in the UAE

Civil Procedures Law, Federal Law No. 11 of 1992

Article 271:

Subject to the text of Article 241 hereof, attachment shall be made in accordance with a report to be made at the place where it has been signed.  However, in addition to the statements required in the notice, the report shall include the following:

  1. Indication of the executive deed.
  2. Indication of the garnisher’s domicile, or his place of work in the State and if he has no domicile or place of work in the State, he shall designate a selected domicile within the court circuit in which the execution shall proceed.
  3. Place of attachment, and the procedures taken by the representative of the execution as well the obstacles and the objections confronted by him during the process of attachment and the actions taken by him in respect thereof.
  4. Itemization of things held under attachment in detail, giving their kinds, descriptions, quantities, weights or measurements, and their approximate values.

2. The representative of the execution and the debtor, if he is present, shall sign the report of attachment.  If the representative of the execution abstains from signing, he shall record that in the report of attachment.  However, the debtor’s mere signature shall not indicate his satisfaction with the judgment.

3. The attachment shall not necessitate movement of the attached things from their place except by an order from the judge of execution.

4. Things shall become attached as soon as they are mentioned in the report of the attachment even if no receiver has been appointed therefor.

5. If the attachment takes place in the presence of the debtor or in his domicile or place of work, a copy of the report shall be handed over to him or to the person acting on his behalf, as shown in Article 8.  However, if the attachment occurs in his absence or in a place other than his domicile or his place of work, he should be notified of the report in person, or at his domicile or in his place of work, within at most the seven days following the attachment.

Article 272:

1-      If the attachment is levied on gold-foils or bars of gold or silver or another precious metal, or on jewelry or precious stones, they shall be weighed and their description shown precisely in the process of attachment.  These things shall be evaluated by a professional expert to be appointed by the judge or the execution, at the request of the execution applicant.

2-      This method may be applied for evaluation of technical things and other precious things at the request of the garnisher or the garnishee.  However, in all cases, the expert’s report shall be attached to the record of attachment.

3-      However, if necessary, said items must be transported in order to be weighed or evaluated and they shall be put in a sealed parcel.  All this shall be mentioned in the minutes, with a description of the stamps and shall be deposited with the treasury of the court.

4-      If the attachment is levied on cash or bank notes, the representative of the execution shall indicate their descriptions and amounts in the record and shall deposited them with the treasury of the court.

Article 273:

  1. The representative of the execution shall appoint a receiver for the sequestrated things and he shall select the receiver if the garnisher or the garnishee fails to introduce a capable person.  The garnishee shall be appointed if he requests, unless he spends lavishly for reasonable grounds shown in the minutes, in which case the opinion of the garnishee in respect of such grounds shall be taken and referred immediately to the judge of the execution for making his decision in this respect.
  2. If the representative of execution does not find at the place of attachment anyone who accepts the receivership and the debtor happens to be present he shall appoint him as a receiver and  his rejection thereto shall not be relied upon.  However, if he is not present in the place, the representative of the execution shall take all possible measures to ensure the safe custody of the attached things and shall refer the matter immediately to the judge of execution who shall either order that they be transported and deposited with a trustee who accepts the receivership to be selected by the garnisher or by the representative of the execution, or shall temporarily assign the police to the receivership.

 

Article 274:

  1. If the receiver is present at the time of the attachment, the attached things shall be handed over to him in the place of attachment after taking his signature on the record of the attachment and a copy thereof shall he given to him.  If he is absent, or if he has been appointed at a later time, stocktaking of the attached things shall be made and handed over to him after signature on minute the stocking and a copy thereof shall be given to him.
  2. If the receiver abstains from signing the attachment or inventory minute or if he refuses to receive a copy thereof, the representative of execution shall replace him with another receiver.  Otherwise, he shall refer the matter to the judge of execution immediately in order to decide whatever he considers to be appropriate.

 

Article 275:

The receiver, other than the debtor or the garnishee in possession shall receive payment for his receivership and such payment shall have the privilege of the judicial expenses on the attached moveables.

The remuneration paid to the receiver shall be estimated according to an order issued by the judge of the execution on the basis of a petition submitted to him.

Article 276:

  1. The receiver may not use the attached things, exploit them, lend them , or expose them to damage.  Otherwise he will be deprived of pay for the receivership, apart from payment of the damages for which he becomes liable.  However if the receiver is the owner or the usufruct of the attached things, he may use them for the purposes they are designed for.
  2. If the attachment is levied on cattle, offers or tools, machines required for management or exploitation of land, a plant, a workshop, an institution or the like, the judge of execution, on basis of a petition submitted by any of the interested parties, may order the receiver to take over the management or the exploitation if he is capable thereof.  Otherwise he shall be replaced with another receiver who is capable of doing so. 

 

Article 277:

  1. The receiver may not request his removal from the receivership before the day fixed for the sale without a reasonable excuse.  His removal shall be in accordance with an order on a petition issued by the judge of the execution.
  2. When the new receiver takes over his duty, the representative of execution shall take an inventory of the attached things, a record thereof shall be made and the receiver shall sign it and receive a copy thereof.

 

Article 278:

  1. If the representative of execution has moved to invoke the garnishment on moveables that have already been sequestrated with the debtor, the person appointed as receiver thereon shall give him a copy of the record of the garnishment and shall make a list of the sequestrated things.  The things that have not been held under attachment, and shall make the receiver of the first lien a receiver thereof if it is in the same place.
  2. A notice of this minute shall be served within three days at the most on the first garnisher, as well as the debtor and the receiver if he is not present.  Moreover, the authority who gave the order for invocation of the first garnishment shall be informed thereof.
  3. The service of this notice shall cause the garnishment to remain in the hands of the representative of execution as garnishment on the sale proceeds.
  4. If the first garnishment on moveables is considered void, it shall not affect subsequent garnishments if they are valid per se.

 

Article 279:

  1. After completion of the garnishment, a day, hour and place of sale shall be fixed with the knowledge of the judge of execution, subject to the rules provided for in Article 280.
  2. Immediately after this, the representative of execution shall affix a poster on the door of the place where the things under garnishment are located and also on the boards designed by the court for that purpose.
  3. The judge of the execution may order a notice thereof to be published in any Arabic daily newspaper published in the state or through any of the public media.  However, at the request of the garnisher or the garnishee, the judge of execution may permit the increase of the information and publication media for the service of notice at the expense of the applicant.  It shall issue such an order of its own accord, and shall deduct the expenses from the sale proceeds.
  4. The poster shall be recorded in a special register maintained for this purpose in the court and the publication shall be evidenced by producing a copy of the newspaper or a certificate from the advertising agency.

 

Article 280:

  1. The sale shall be carried out in the place where the attached things are located or in the place reserved with the consent of the judge of execution for the sale of the attached things, unless the public interest requires otherwise.  The sale shall be carried out at least eight days after the copy of the record of the garnishment is delivered to the debtor or a notice thereof is served upon him, and at least three days after the completion of the affixing or publishing procedures.  Anyone who wishes to inspect the attached things shall do so within the said period.
  2.  If the attached things are susceptible to damage or fluctuations in price, the judge of execution shall order that the sale be carried out in the place proposed by him and from hour to hour in accordance with the existing conditions and as requested by the receiver or any of the interested parties or the representative of execution.

 

Article 281:

If the sale does not take place on the day shown in the record of the garnishment, another day shall be fixed and a notice thereof shall be served on the receiver and the persons concerned.  The notice shall be posted again or republished as shown in the preceding article.

Article 282:

  1. The sale shall be conducted by auction under  the supervision of the judge of execution and the representative of the execution shall call persons to bid, provided that the price be paid immediately.  The representative of the execution shall not start the public sale until after the attached things have been inventoried and a proof of their condition has been recorded in the minute of the sale.  He shall record therein all proceedings of the sale as well as the obstructions and objections encountered and the measures taken by him in respect thereof.  He shall record the presence or the absence of the garnisher and the execution debtor, their signatures if they are present or their abstension from signing.
  2. The representative of the execution shall register the names of the bidders then domiciles and places of work, the prices offered by them, and their signatures. The minute shall include in particular the highest bid in the auction, the name of the successful bidder, his domicile, place of work and his signature.
  3. A notice of the continuation or postponement of the sale shall be considered adequate if it is announced publicly by the representative of execution and recorded by him in the minute of the sale.

 

Article 283:

If no one makes an offer to buy the jewelry or the gold or silver foils or bars or ornaments, jewels, precious stones and the items denominated in their value at the discretion of the experts and if the creditor has not agreed to this value in discharge of his debt in kind, the auction sale shall be extended to the following day if it is not a holiday or to the first working day after the holiday.  If no one offers to buy at the estimated value, the sale shall be postponed to another day, and the posting or publishing shall be made again as shown in the preceding articles.  Then the representative of the execution shall refer the matter to the competent judge to order the adjudication of the auction to the bidder whose price is considered appropriate, even if it given at another time.

Article 284:

If the winner of the auction does not pay the price immediately, resale shall be conducted at his expense as shown above at any price whatsoever.  The smaller amount shall be charged to him and the record of sale shall be considered an execution deed against him in respect of the differential price.

The auction winner shall not make a claim for any increase in the price but shall be due for the debtor and his creditors.  The representative of execution shall be liable for payment of the price if he fails to receive it from the buyer immediately and fails to conduct the resale at his expense and the minute of the sale shall also be considered a deed of execution against him.

Article 285:

The representative of execution shall stop the sale if the amount resulting from the proceeds is sufficient to discharge the debts relevant to the attachment and covers the expenses; however as to the garnishments invokes thereafter through the representative of the execution or through others having the price in their hands, it shall only be to the extent of the excess of the aforesaid settlement.

Article 286:

The action for the redemption of the attached things shall be submitted before the court of jurisdiction.  The sale shall be stopped following the submission of this action, unless the court orders that the execution should be continued subject to the conditions it considers appropriate.

Article 287:

The action for the redemption shall be lodged against the execution creditor and the execution debtor and the intervening garnishers, and its declaration shall include a statement of adequate description of evidence  of ownership.  Upon submission of the declaration, the plaintiff shall deposit whatever documents held in his possession.

Article 288:

  1. The garnisher shall have the right to proceed with the execution, if the court dismisses the action for redemption or if it is considered nonexistent or if a judgment to this effect has been given. He shall also have the right to carry on with the execution if a judgment has been passed for rejection of the action or for lack of jurisdiction or for its non-acceptance or for invalidity of its plaint or for non-suit of the litigation therein or for acceptance of its abandonment. 
  2. The garnisher shall continue with the execution even if the judgments referred to in the preceding paragraph are appealable.

 

Article 289:

  1. If a second action for redemption has been filed by the same redeemer and his first action was considered to be void or if it is adjudged as such or to be dismissed or unaccepted or that the court lacks the jurisdiction or its plaint is invalid, or its litigation is non-suited or its abandonment is accepted, the sale shall not be stopped unless the competent court so decides.  The same rule shall prevail if the action of redemption has been renewed after being dismissed or judged to be non-suited.
  2. The same rule shall also apply if a second action for redemption has been submitted by another redeemer.  The second action shall be considered, so when it comes subsequent in the date of its submission, even if it occurs before the lapse of the effect that stopped the sale ensuing the submission of the first action.

Garnishment in the UAE

 

Civil Procedures Law, Federal Law No. 11 of 1992

Article 257:

  1. The creditor may apply to the court of jurisdiction or to the judge of the summary proceedings to attach the debtor’s moveables or debts in possession of third parties even if they are defeated or subject to a condition.
  2. If the garnishment is not placed on a particular moveable or debt, it shall include all moveables of the execution debtor held with the garnishee or the debts he owes to him until the time the debts held are accounted for.
  3. Attachment of the debtor’s dues held with others shall be placed on the debtor’s moveables which are held by his legal representative.

 

Article 258:

If the debtor has no executive deed in his hand or if his debt has no specified amount, the judge of the summary procedures may order the attachment to be placed and the garnisher’s debt shall be temporarily estimated in accordance with a petition submitted by the party applying for garnishment.  Said judge shall order the garnishment if the creditor is a decree holder even if it is not summarily executable if the debt evidenced therein has a specified amount.

Article 259:

The garnishment shall be effected without prior notice being served on the debtor according to an order signed by the judge.  The garnishee shall be notified by the execution representative, and the notice shall include the following statements:

  1. A statement showing the original execution debt and the expenses.
  2. A clear description of the attached property if the garnishment is effected on a specific property, and the garnishee has objected to discharging what is in his possession to the execution debtor.
  3. The number of the lawsuit or the application for garnishment and the name of the garnisher, his domicile or his place of work in the state; however, if he has no domicile or place of work in the state, he must designate a selected domicile for himself within the court circuit in which the execution is conducted.
  4. Instructions to the garnishee to make a report of the liabilities owed by him and inform the court who has ordered the garnishment within seven days of being notified of the garnishment.

 

Article 260:

If the court order does not include the statements mentioned in clause a and b under Article 259, the garnishment shall be void and any interested party must adhere to such invalidity.  However, if the garnishee as several branches, the garnishment shall only be effective for the branch designated by the garnisher.

Article 261:

  1. A notice of garnishment shall be served on the execution debtor after it has been sent to the garnishee.  The notice shall include the occurrence of the garnishment, its date, a statement of the judge’s order according to which the garnishment has taken place, the amount for which the garnishment is effected, the garnished property, as well as the name, domicile, and place of work of the garnisher in the State; however, if the garnisher has no domicile or place of work in the State, he shall designate a selected domicile within the circuit of the court in which the execution is effected.
  2. The garnisher within eight days following the serving of the notice of garnishment on the garnishee shall sue the execution debtor before the competent court for proof of the right and validity of the garnishment in cases where the garnishment is levied by an order from the judge of summary proceedings; otherwise, the attachment shall be considered as nonexistent.  However, the court shall not arrange that matter of its own accord and if the suite for the right is already instituted, the action for validity of the attachment shall be lodged before the same court for both actions to be heard together.

 

Article 262:

  1. The discharge of the debt by the garnishee shall be made by depositing whatever is held in his trust in the treasury of the court.  However if the subject of the attachment are moveables which cannot be deposited with such a treasury, they may be delivered to a receiver appointed by the authority who has ordered the garnishment, in response to application submitted to it by the garnishee or by the execution debtor.
  2. The deposit shall be accompanied by a statement duly signed by the garnishee, showing the garnishments effected under his possession, the dates of their notification, the names of the garnishers, the execution debtors, their capacities, addresses and the deeds according to which the garnishments have been effected and the amounts in respect of which the garnishment was levied.
  3. The authority which ordered the garnishment shall inform the garnisher and the execution debtor immediately of the deposit or of placing the moveable in the hand of a receiver.
  4. The deposit or placement of the moveables under receivership shall dispense with the declaration of the trust owed if the amount or moveable is sufficient to satisfy the garnisher’s debt.
  5. If a new garnishment has been levied on the deposited amount or the moveables placed under receivership whereby either one becomes insufficient, any one of the garnisher’s may instruct the garnishee to declare the debt owed by him within seven days of the day of such instruction.

 

Article 263:

  1. If the deposit does not take place according to the preceding article, or according to Articles 249 and 250, the garnishee shall declare the debt owed by him to the authority that ordered the garnishment within seven days of his notification of the garnishment, and the declaration shall state the amount of the debt, its cause and the causes of its lapse if any exists.  IF the garnishee holds any moveables, he should make a detailed statement thereof and attach the same to the declaration.
  2. However, if the garnishment is in the hand of the government or any public institution or bank the declaration of the owed debt shall be made through a letter sent by the garnishee to the authority who has given the order of garnishment within the above mentioned time, including statement of declaration.
  3. The garnishee shall not be exempted from the obligation of declaring the owed debt by the fact that he is not indebted to the execution debtor, in which case the declaration may be given to the authority who ordered the garnishment.  Also the trade secret shall not exempt him from the obligation to declare what is owed. 

 

Article 264:

If the garnishee dies or loses his competence or if his capacity or the capacity of his representative is no more in existence, the garnisher shall serve the heirs of the garnishee or whoever acts on his behalf with a notice of the attachment writ and shall request them to make the declaration of the debt owed within seven days of said request.

Article 265:

The action for the dispute about the report of the garnishee shall be brought before the authority who has ordered the garnishment.

Article 266:

  1. If the garnishee fails to declare the dues owed by him as required by law, if he submits an inadequate report or if his report was untrue or if he conceals the papers he ought to deposit in support of the declaration, a judgment may be passed against him in favor of the creditor who has obtained an executive deed of his debt in the amount garnished by an action submitted according to the usual procedures.
  2. The execution of the judgment made against the garnishee shall be considered a discharge of the garnisher’s right towards the execution debtor, without prejudice to the right of the garnishee to have recourse against the execution debtor for what he has paid to the garnisher.
  3. The judgment shall not be given if the garnishee overtakes the cause for which the action has been submitted until the closure of the pleadings therein, even before the court of appeal.
  4. In all cases, the garnishee shall bear the expenses of the action as well as the damages resulting from his default or his delay.

 

Article 267:

If the right of the garnisher is established by an executive deed, he may ten days after the declaration of the obligation owed request that the judge of execution issue an order to the garnishee to pay the garnisher the amount declared by him, or any part thereof which satisfies the right of the garnisher on condition that the procedures provided for under Article 243 be observed.

Article 268:

If the discharge of the debt has not been made according to the preceding article, nor has the deposit been made according to Article 249, 250, and 262, the garnisher shall have the right to levy the execution against the properties of the garnishee in accordance with his executive deed, and shall attach thereto a formal transcript of the declaration made by the garnishee, subject, however, to the provisions of Article 239.

Article 269:

If the garnished properties are moveables, they shall be sold according to the procedures prescribed for the sale of the garnished moveables in possession of the execution debtor, however, if it is an under debt, it shall be sold according to the procedures provided for in Article 291.

Article 270:

  1. The creditor may invoke the garnishment against anything in his hand which he owed to his debtor; however, this shall be in accordance with an order from the competent judge, of which the debtor shall be notified, and shall include the statement to be mentioned in the notice of garnishment.
  2. However, if the garnisher has no executive deed or judgment in his hand, he shall, within the eight days following the notice of garnishment served upon the debtor, lodge before the competent court a suite for the proof of the right and the validity of the garnishment. Otherwise, the garnishment shall be considered to be nonexistent.

Interlocutory Attachment in the UAE

 

Civil Procedures Law, Federal Law No. 11 of 1992

Article 252:

Without prejudice to the provisions of any other law, the creditor may request that the court hearing the case or the judge or the summary proceedings as the case may be place the interlocutory garnishment against the properties and moveables of the debtor in the following cases:

1. Every case in which he fears loss of the guarantee of his right, such as the following cases:

a. If the debtor has no permanent residence in the State.

b. If the creditor fears that the debtor will escape or will smuggle out or conceal his properties.

c. If the securities of the debt are under threat or loss.

2.The lease holder who is engaged in a suit against the sub-lessee over moveables, fruits and crops in the leasehold as a surety for the right of lien due to him by the law, may invoke interlocutory attachment.  He may do so also if the moveables, fruits and crops have been removed therefrom without his knowledge unless a period of one month has passed since their removal or unless enough properties have remained in the leasehold to ensure the discharge of the lien due to him.

3. If the creditor holds a formal or informal unconditional deed of debt which is due for payment.

4. In all cases, and before it responds to the garnishment application, the court may request any details, evidences or sworn affidavits if it considers them to be necessary.

Article 253:

The owner of the moveable property and anyone having a real right or right of detention thereon may apply for interlocutory garnishment against the moveable in the possession of the person who holds it.

Article 254:

  1. If the creditor does not hold an executive deed or if the amount of his debt is not specified, the judge of summary proceedings may order the garnishment and he shall estimate the executor’s debt temporarily on the basis of a reasoned petition submitted by the applicant of the garnishment.  However, before issuance of the order, the judge may conduct a brief investigation if he is not satisfied with the documents supporting the application.  In the case mentioned in the foregoing article, an official copy of the title deed of the garnishee if the application for garnishment is on a real property and the petition shall fully specify the moveables to be garnished.
  2. The judge of the summary proceedings shall order the garnishment if the creditor is a decree holder even if it is not enforceable as long as the amount of the debt shown therein is designated.
  3. If the action for the right has already been filed before the court of jurisdiction, the order for garnishment referred to in paragraph one may be requested from the court which hears the lawsuit.

 

Article 255:

  1. In the interlocutory garnishment placed on moveables, the rules and procedures provided for in Chapter Four of this part shall be adopted, except those related to the fixation of the sale day, unless these moveables are perishable, in which case the provision of Paragraph 2 of Article 280 shall be observed.  However, the rules and procedures provided for in Chapter six of this Part, shall be applied in the interlocutory garnishment made on real properties except what related to submission of the executive deed and auction sale procedures.
  2. Within at most eight days of the date of the garnishment, the garnisher shall provide the court of jurisdiction with an action for the proof of the right and validity of the garnishment in cases where the garnishment is placed by an order from the judge of the summary proceedings otherwise, the garnishment shall be considered void.
  3. If the action for proof of right has been submitted earlier, the action for the validity of the garnishment shall be submitted to the same court for both actions to be heard together.
  4. If a judgment is given for validity of the garnishment and it is or has become executable, the procedures prescribed for sale in Chapter Four and Six of this Part shall be observed as the case may be or the execution may be carried out by delivery of the moveables referred to in Article 253.

 

Article 256:

  1. If a landlord invokes garnishment on the moveables of the sub-tenant according to clause 2 of Article 252, the procedures shall be directed to both the tenant and sub-tenant.
  2. The notice of garnishment served on the sub-tenant shall be considered a garnishment of the rent in his possession.
  3. If the original tenant is not prevented from sub-letting, the sub-tenant may apply for lifting of the garnishment levied on his moveables, whereas the garnishment placed on the rent in his possession will continue.

Attachment in the UAE

 

Civil Procedures Law, Federal Law No. 11 of 1992

Article 247:

Without prejudice to the provisions of any other law, the following may be placed under garnishment:

  1. Public properties owned by the State or by any of the Emiratis.
  2. The house which is considered an accommodation for the debtor or the adjudged party and whoever lives with him from among his relatives who are legally supported by him, in case of his death.
  3. Whatever clothes required by the debtor and whatever is necessary for him and his family, such as furniture and kitchen utensils as well as whatever food and fuel needed by them for a period of six months.
  4. Whatever land or agricultural tools owned by a farmer or a hunter for earning his living and that of those who are supported by him.
  5. Granted or devised properties or their proceeds providing a temporary or life maintenance or salary, and whatever amounts stipulated or arranged temporarily and decided by law for maintenance or for spending there from for a particular purpose, however, a quarter thereof shall be allocated for the discharge of a debt or prescribed maintenance.
  6. Granted or devised properties provided that they are not garnishable, if the garnisher is a creditor to the grantee or the devisee whose debt existed prior to the grant or the devisement except to discharge a maintenance debt to the limit of one fourth.
  7. Whatever books, tools, and equipment required by the debtor to practice his profession by himself, unless the garnishment is placed for receiving their price or the expenses of their maintenance or for settlement of a prescribed maintenance.
  8. Moveable property which has been categorized as real property, if the placement of garnishment thereon is made apart from the real property intended for his service, unless the garnishment is required for the recovery of its price or the expenses of its maintenance.
  9. Wages and salaries, except that quarter of the basic wage or salary should be placed under garnishment; however, upon lappage, priority shall be given to the debt of maintenance.

 

Article 248:

If the garnishment has not been effected in one day, it shall be performed on the following day or days, and the representative of the execution shall take the measures necessary to take care of the garnished things or things to be garnished until the report is made.  The report shall be signed whenever the procedures of the garnishment are discontinued.

However, if necessary, measures of the garnishment shall be continued by the representative of the execution after the times prescribed in Article 6 or on public holidays, without the need to obtain an attachment writ from the judge of execution.

Article 249:

At any stage, of the procedures and before the adjudication of the auction, a sum of money may be deposited with the treasury of the court, equal to the amount of the debt and the expenses for which the property is attached.  The deposit of said amount shall revoke the garnishment over the attached properties and transfer it to the deposited amount.

Article 250:

The execution debtor may request from the judge of execution at any stage of the procedures to estimate the amount or an equivalent thereof to be deposited with the treasury of the court in settlement of the execution credit.

The deposit of such an amount shall revoke the garnishment placed on the attached properties and transfer it to the deposited amount.

Article 251:

Garnishment shall be levied within the limits of the claimed debt.  If the value of the execution claim is not in proportion to the amounts held under execution, the debtor may request that the judge of execution restrict the garnishment on a limited part of such amounts.

UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance