What is the Enforcement Court, and what is its jurisdiction?
The Enforcement Court has the power of compulsory enforcement and supervision over it, and decides enforcement disputes regardless of their value, under Articles 2 and 3 of the Enforcement Law issued by Royal Decree No. (M/53) dated 13/8/1433H. This jurisdiction is exercised by the enforcement judge, whether in a standalone Enforcement Court or in an enforcement circuit within the general court where no standalone court exists.
The essential difference between the Enforcement Court and other courts is that it does not decide the dispute anew; it enforces a right established in an instrument. A holder of a final judgment, check or promissory note does not need to file a lawsuit to prove the debt, but applies directly for enforcement. A person who holds only an invoice or correspondence that does not amount to an enforceable instrument must first file a lawsuit before the competent court, then enforce the judgment issued in their favor.
Enforcement of administrative judgments issued against government bodies has its own regime at the Board of Grievances and is not covered by this guide.
What are the enforceable instruments under the Enforcement Law?
An enforceable instrument is a document under which the law permits direct enforcement, and compulsory enforcement may only proceed under an enforceable instrument for a right of a specified amount that is due. Article 9 of the Enforcement Law lists these instruments, the most notable being:
- Judgments, decisions and orders issued by courts.
- Arbitral awards bearing the enforcement formula.
- Settlement records issued by authorized bodies or certified by the courts.
- Commercial papers, namely checks, promissory notes and bills of exchange.
- Notarized contracts and documents.
- Judgments, judicial orders and notarized documents issued in a foreign country, subject to conditions.
- Ordinary documents whose content is acknowledged as due, in whole or in part.
- Other contracts and documents given the force of an enforceable instrument by law.
The key phrase here is “of a specified amount that is due”: the amount must be known and payable now, not dependent on a condition or a term that has not yet arrived. To understand the promissory note as an enforceable instrument, including electronic notes, read the promissory note guide.
How do you submit an enforcement request via Najiz?
An enforcement request is submitted electronically through Najiz without visiting the court, after logging in with Nafath. The Ministry of Justice’s user guide for enforcement request services explains that the steps are as follows:
- Completing the personal details in the account, including the address and the bank details into which collected amounts are deposited.
- Selecting the Submit Enforcement Request service.
- Choosing the request type: financial enforcement, personal status enforcement, or direct enforcement.
- Specifying the applicant’s capacity: principal, agent, or both, then entering the details of the party against whom enforcement is sought.
- Entering the details and amount of the enforceable instrument and attaching a copy of it.
- Reviewing the request and sending it to the competent court.
After submission, the applicant receives a notification by mobile and email that the request has been accepted and referred, that additional documents are required, or that it has been rejected. Care should be taken with the request type: financial enforcement concerns sums of money, while direct enforcement concerns non-monetary obligations such as delivering an item or vacating a property, and each has its own procedures. If a lawyer is filing, the electronic power of attorney must include authority to request enforcement and, where needed, to receive funds.
What happens after an enforcement request is submitted?
Once the request is accepted, the enforcement judge issues an enforcement order, and the party against whom enforcement is sought is notified to pay or disclose assets sufficient to satisfy the debt. Article 46 of the Enforcement Law provides that a debtor who neither pays nor discloses sufficient assets within five days of being notified of the enforcement order is deemed to be in default, whereupon the enforcement judge orders measures, the most notable being:
- Banning the debtor from travel.
- Suspending the issuance of powers of attorney by the debtor, directly or indirectly.
- Disclosing the debtor’s existing assets and any future incoming funds, and attaching and enforcing against them.
- Disclosing the debtor’s commercial registers and professional licenses.
- Notifying entities licensed to record credit information of the non-compliance.
Depending on the case, the judge may order additional measures provided for in the same article, such as prohibiting government bodies from dealing with the debtor and attaching amounts owed to the debtor by them, and prohibiting financial institutions from dealing with the debtor. These measures are what is popularly known as service suspension; their details, effects and ways of lifting them are explained in service suspension under the Enforcement Law.
If the enforcement judge finds that the debtor refuses to comply despite being solvent, the judge may, under Article 83, issue a judgment ordering the debtor’s imprisonment. An insolvent debtor is subject to different rules, and disputes over insolvency are among the matters decided by the Enforcement Court.
How do you object to enforcement? Enforcement disputes
An objection to enforcement is made through an enforcement dispute submitted to the enforcement judge, who has jurisdiction to decide it regardless of its value under Article 3 of the Enforcement Law. A dispute does not mean retrying the underlying debt; it challenges the validity of the enforcement, the instrument, or the amount claimed. Examples include:
- Pleading full or partial payment after the instrument was issued.
- Challenging the commercial paper for forgery or for missing statutory particulars.
- Pleading that the right is not yet due or not of a specified amount.
- Disputing the attachment of property that may not be attached or property owned by a third party.
- Requesting a declaration of insolvency.
Article 6 distinguishes between two things: the enforcement judge’s procedural decisions are final as a rule, while judgments issued in enforcement disputes are subject to appeal, and the appellate judgment is final. A dispute should therefore be drafted carefully with the evidence attached from the outset, as it is not merely an administrative objection written in one line.
What is the difference between financial enforcement, direct enforcement and personal status enforcement?
Financial enforcement aims to collect a sum of money from the debtor, direct enforcement aims to compel a non-monetary act or abstention, and personal status enforcement concerns judgments on custody, visitation, maintenance and the like. The applicant chooses the appropriate type when submitting the request on Najiz.
In financial enforcement, the measures start with the payment order and the five-day period, followed by attachment and the measures mentioned above. In direct enforcement, such as delivering real estate or movables or removing a violation, the judge orders enforcement and may call on the competent authorities. For personal status judgments, enforcement takes the child’s interest into account, and its approach differs from debt collection.
Choosing the wrong type often leads to the request being returned, so read the operative part of the judgment or the instrument’s details carefully before filing, and specify exactly what you are asking to enforce.
What is the new Enforcement Law, and when does it take effect?
A new Enforcement Law was issued by Royal Decree No. (M/237) dated 3/11/1447H, based on Council of Ministers Resolution No. (746), and published in the Official Gazette Umm Al-Qura on Friday, May 1, 2026. Its final article provides that it takes effect one hundred and eighty days after its publication and repeals the Enforcement Law issued in 1433H, meaning it takes effect in late October 2026.
Until then, the current Enforcement Law remains in force, and the article numbers cited in this guide are from it. Features of the new law as published include:
- Reorganizing the list of enforceable instruments, with promissory notes and bills of exchange treated as enforceable instruments if registered electronically.
- A one-year transitional period for promissory notes and bills of exchange issued before it takes effect, so that they remain enforceable instruments if they meet their statutory conditions other than electronic registration.
- More precise regulation of travel bans in terms of their duration and exceptions.
- Provisions on precautionary attachment and bankruptcy in the previous law remain in force until they are moved to their own laws.
Anyone holding a paper promissory note or bill of exchange issued before the new law takes effect would do well to review its status in light of the transitional period before it expires. The article numbers referred to in this guide are expected to change once the new law takes effect.
What should be reviewed before submitting an enforcement request?
Most returned enforcement requests are due to deficiencies in the instrument or the parties’ details, not to any difficulty with the right itself. Before submitting, check the following:
- Is the document actually an enforceable instrument, or does it require a lawsuit before enforcement?
- Is the amount specified and due now, and have payments received been deducted from it?
- Is the judgment final or subject to expedited enforcement, and does the arbitral award bear the enforcement formula?
- Do the details of the party against whom enforcement is sought match their ID or commercial register?
- Is the bank account on Najiz correct for receiving collected amounts?
- Has the correct enforcement type been selected: financial, direct or personal status?
If you do not have an enforceable instrument, the path starts with a lawsuit, a payment order or a documented settlement. To learn about settlement alternatives that may end with a settlement record having the force of an enforceable instrument, read settlement, mediation and arbitration. A consultation can be requested under the financial claims and enforcement service to review the instrument and the appropriate path before filing.
Frequently asked questions
What is the difference between the Enforcement Court and the general court?
The general court and other trial courts decide the dispute and issue a judgment on the right, whereas the Enforcement Court enforces a right established in an enforceable instrument without re-examining its basis. If you do not have an enforceable instrument, start with a lawsuit, then enforce the judgment before the Enforcement Court.
How long does it take for service suspension to apply after an enforcement request?
Under Article 46 of the current Enforcement Law, if the debtor does not pay or disclose sufficient assets within five days of being notified of the enforcement order, they are deemed to be in default, and the enforcement judge orders measures such as a travel ban, disclosure of assets and attachment. The actual timing depends on the date of notification.
Is a check an enforceable instrument?
Yes. A check is one of the commercial papers that Article 9 of the Enforcement Law designates as enforceable instruments, so an enforcement request may be submitted under it directly via Najiz without a lawsuit, while the debtor retains the right to dispute before the enforcement judge.
Can an enforcement judge’s decision be challenged?
The enforcement judge’s procedural decisions are final as a rule under Article 6 of the Enforcement Law, while judgments issued in enforcement disputes are subject to appeal, and the appellate judgment is final.
When does the new Enforcement Law take effect?
The new law, issued by Royal Decree (M/237) dated 3/11/1447H, was published in Umm Al-Qura on May 1, 2026, and takes effect one hundred and eighty days after publication, i.e., in late October 2026. Until that date, the current Enforcement Law remains in force.
Do I need a lawyer to submit an enforcement request?
The law does not require one; the applicant can submit the request personally via Najiz. A lawyer may be helpful where there is an enforcement dispute, multiple instruments, or a need to trace and attach the debtor’s assets.
Official references
Bureau of Experts at the Council of Ministers: Enforcement Law (M/53 of 1433H)Ministry of Justice: Text of the Enforcement Law
Ministry of Justice: User guide for enforcement request services via Najiz
Umm Al-Qura: Royal Decree No. M/237 approving the Enforcement Law
Umm Al-Qura: Text of the new Enforcement Law
Ajel newspaper: Council of Ministers approves the Enforcement Law
This is general guidance and does not constitute legal advice for any specific case. Laws and their implementing regulations may change, so refer to the updated official text; the legal position is determined after reviewing the facts and documents.