Many people assume that the journey of a dispute ends when the judgment is issued, but in fact an important stage begins afterwards. A judgment that is not enforced remains a piece of paper, and a delaying debtor may bet on lengthy procedures. The Saudi Enforcement Law sets out a clear framework for turning judgments and instruments into real rights; it falls within the jurisdiction of the enforcement courts and requests are filed through the Najiz platform.
What is an enforceable instrument?
Only what qualifies as an enforceable instrument under the law can be enforced compulsorily. The most prominent enforceable instruments include:
- Judgments and judicial decisions that are enforceable.
- Arbitral awards after an enforcement order has been issued.
- Settlement records approved by the competent authorities.
- Commercial papers such as cheques, bills of exchange and promissory notes.
- Notarised contracts and documents.
This means that some rights can go directly to enforcement without a lawsuit on the merits, such as a cheque or a promissory note, which makes the choice of documentation instrument at the time of contracting an important decision.
Steps to request enforcement
- Make sure the instrument is ready: the judgment is final or carries enforceability, and the debtor's details are correct.
- File the request electronically through the Najiz platform, attaching the instrument and its supporting documents.
- The debtor is notified of the enforcement order and given the period prescribed by law to pay.
- If payment is not made, compulsory enforcement measures are taken as decided by the enforcement judge.
What if the debtor refuses?
The law grants the enforcement judge powers aimed at reaching the debtor's assets and compelling payment, including, depending on the case:
- Disclosure of the debtor's assets and their attachment, such as bank accounts.
- A travel ban on the debtor.
- Suspension of the issuance of powers of attorney by the debtor in a personal capacity.
The measures and their scope vary according to the type of instrument and the debtor's situation, so each file needs its own follow-up.
Mistakes that delay enforcement
- Waiting too long after the judgment, giving the debtor time to move assets.
- Errors in the debtor's details or commercial registration number.
- Failing to follow up on the request after filing and simply waiting for the outcome.
- Overlooking enforcement objections the debtor may raise, and responding to them late.
Think about enforcement from the day you contract
The easiest enforcement files are those planned in advance. Choosing suitable security at the time of contracting, such as a promissory note, a bank guarantee or notarisation of the contract, and keeping accurate details of the other party, will save you a great deal of time if payment later falters.
A right is not complete with the judgment, but with its enforcement.
Managing an enforcement file requires continuous follow-up and knowledge of the procedures and how they may develop. If you hold a judgment or instrument that has not yet been enforced, reviewing it early improves your chances of recovering your right.