§ 01 · Practice area
Enforcement & Collection
The office represents debtors and creditors in enforcement files before the Enforcement and Collection Authority, at every stage of the file.
Overview
Enforcement proceedings are conducted before the Enforcement and Collection Authority. Within them, debts are collected on the basis of judgments, cheques, promissory notes and other documents that the law allows to be enforced, and the Authority has various means of collection at its disposal, including attachments and restrictions.
For debtors, representation begins with a review of the complete file: the source of the debt, how it was calculated, the steps taken in the file and the deadlines that apply. On the basis of that review the options are presented, among them a payment arrangement, a consolidation of files, an application to cancel an attachment or lift a restriction, and requests or objections to the Enforcement Registrar.
For creditors, the office opens enforcement files on the basis of judgments, cheques and promissory notes, and manages the collection proceedings using the means the law makes available to a creditor, with regular updates on the state of the file.
What the representation includes
Review of the complete file
Obtaining the file printout and checking the debt, the calculations, the steps taken and the deadlines that apply.
Applications to the Enforcement Registrar
Drafting and filing applications, responses and notices in the file, and representation at hearings before the Registrar.
Consolidation and payment arrangements
Assessing whether the files can be consolidated or a payment arrangement reached in line with the debtor’s means.
Attachments
Applications to cancel or reduce attachments on bank accounts, salaries and assets, including funds protected from attachment by law.
Restrictions
Applications to lift restrictions, such as a ban on leaving the country or a restriction on the driving license, or to defer them.
Objections to the enforcement of a cheque or promissory note
Filing an objection when a cheque or promissory note has been submitted for enforcement, and arguing the debtor’s defenses in court.
Opening files and collecting for creditors
Opening enforcement files on the basis of judgments and negotiable instruments, and managing the collection proceedings until the file is closed.
Common situations in this area
- Enforcement warningA warning received from the Enforcement and Collection Authority, and the deadlines it sets.
- Bank account attachmentAn attachment on a bank account, and an application to cancel or reduce it.
- Salary attachmentAn attachment on wages at the employer, and the part protected by law.
- Restriction ordersA travel ban, a driving licence restriction and other restrictions.
- Consolidation of filesSeveral enforcement files merged into one, with one monthly payment.
- Payment arrangementA payment arrangement in the file, in line with the debtor's means.
- Objection to a cheque or noteA cheque or promissory note filed for enforcement, and the deadline to object.
- Opening an enforcement fileOpening a file on the basis of a judgment, a cheque or a promissory note.
- Collection through enforcementManaging collection in the file on behalf of the creditor, until it is closed.
- Bounced chequeA cheque that was not honoured, and the ways to collect the amount.
Stages of the process
Step 1
Review of the file
Obtaining the file printout, checking the debt and the steps taken, and identifying urgent deadlines.
Step 2
Presentation of the options
A presentation of the legal position and of the options available to the client, including the implications of each.
Step 3
Filing
Drafting and filing the chosen applications, objections or settlement proposals, with the required documents.
Step 4
Follow-up and decisions
Following the other side’s responses and the Registrar’s decisions, and informing the client of each decision and what it means.
Step 5
Conclusion
Representation until the arrangement or decision is implemented, and until the file is closed where possible.
Documents for the meeting
- Warning notices, decisions and letters received from the Enforcement and Collection Authority
- File numbers and file printouts, if available
- Identity card
- Pay slips or other proof of income
- A breakdown of fixed expenses and commitments
- For creditors: the judgment, cheque, promissory note or agreement on which the debt is based
Missing documents can be provided later.
Download the list (PDF)
Frequently asked questions
What can be done after receiving a warning notice in an enforcement file?
The warning notice sets a period for taking action. During that period the options can be considered: payment, an arrangement, or in some cases filing a request or an objection. Seeking legal advice as early as possible is recommended.
What is a consolidation of enforcement files?
Consolidation is a procedure in which a debtor’s enforcement files are combined into a single file, and the debtor makes one monthly payment set according to their means, instead of separate payments in each file. Consolidation involves conditions and reporting duties, and restrictions may apply to the debtor while it is in effect. Whether consolidation suits the circumstances is assessed at the meeting.
Can an attachment be cancelled or reduced?
In certain cases. Depending on the type of attachment and the circumstances of the file, an application can be made to the Enforcement Registrar to cancel or reduce it. Some funds and assets are protected from attachment by law, including part of a salary and certain benefits. Each application is assessed on its merits.
Which restrictions can be imposed on a debtor in enforcement proceedings?
The law allows various restrictions to be imposed on a debtor, such as a ban on leaving the country, a restriction on the driving license and a restriction on the use of credit cards, where the conditions for doing so are met. An application can be made to the Enforcement Registrar to lift a restriction or to defer it, with reasons and supporting documents.
On the basis of which documents can an enforcement file be opened?
An enforcement file is opened on the basis of a document that the law allows to be enforced, chiefly a judgment, a cheque or a promissory note, along with other documents the law permits. The office opens files for creditors and manages the collection proceedings after reviewing the documents and the debt.
Articles on the subject
Articles on this subject will be published in the Knowledge Center soon.
All articlesTo have the file reviewed, contact the office
The office can be contacted by phone, by WhatsApp or through the form. It is advisable to bring all the documents related to the file to the meeting.
After contacting the office
- The request goes directly to Adv. Moamen Qasim.
- The office calls back or replies on WhatsApp, and checks whether the file has an urgent deadline.
- Where needed, a meeting is scheduled, and the list of documents to bring is sent ahead of it.
The information on this site is general and does not constitute legal advice or a substitute for it. Contacting the office through this site does not create an attorney–client relationship.