Execution: The Graveyard of Judgments – Reality, Challenges, and Solutions

There is no doubt that the issuance of a court judgment in favor of a claimant represents a long-awaited legal victory. However, this victory remains incomplete unless it is translated into real execution. Hence, the popular saying among legal practitioners, "The execution phase is the graveyard of judgments," refers to the fact that many rights are lost or stalled at the doorstep of execution, despite having a final and enforceable judgment.

This article sheds light on the practical and legal challenges facing execution applicants in the UAE and presents a detailed view of how to effectively deal with them, while highlighting the essential role of the legal consultant in managing execution files.

I. Execution Dilemmas

From Court Victory to an Execution Battle Despite the advancement of the UAE judicial system and the adoption of modern electronic systems, the execution phase still faces several challenges, most notably:

1. Systematic Evasion of Execution

Some debtors deliberately adopt deceitful tactics to hinder execution, such as

• Fraudulent dissipation of assets: by transferring money or property to relatives, partners, or friendly entities.
• Hiding place of residence or frequent relocation: to avoid service of summons or court orders.
• Exploiting procedural loopholes: by challenging the validity of notifications or filing vexatious complaints to delay execution.

2. Lack of Financial Information About the Debtor

Sometimes, the execution applicant finds it difficult to trace the debtor's assets due to poor financial disclosure or delayed cooperation from relevant entities (such as banks or land departments).

3. Complex Execution Procedures

Despite the presence of an advanced judicial system, the multiplicity of competent authorities, especially when executing judgments issued outside the emirate or related to assets located in multiple regions, can lead to delays or complications if the process is not handled with high legal professionalism.

4. Administrative Closure of Execution Files

Many execution files are administratively closed without recovery, either due to the absence of apparent assets under the debtor’s name or due to a lack of follow-up by the execution applicant, effectively burying the judgment in judicial archives.

II. Legal Tools to Overcome Execution Challenges

Successful handling of the execution phase requires a comprehensive legal strategy, including:

1. Comprehensive Judicial Disclosure

Under Federal Law No. 42 of 2022 on Civil Procedures, the execution applicant may request a court order for full disclosure of the debtor’s assets, including bank accounts, real estate, vehicles, shares, and other properties, by electronically addressing the relevant authorities.

2. Activating Legal Execution Tools

The execution applicant can request:

• Travel ban against the debtor (Article 324 of the Civil Procedures Law).
• Attachment of movable and immovable property.
• Imprisonment order against the debtor under certain conditions, especially for enforceable civil and commercial debts.

3. Utilizing Judicial Delegations

If assets or properties are located outside the competent court’s jurisdiction, judicial delegations can be used to execute procedures in another emirate, benefiting from the integration between federal and local courts.

4. Requesting Urgent Execution Orders

To counteract quick moves by debtors to conceal or transfer assets, urgent execution requests can be submitted directly to the competent judge without a lengthy procedural cycle.

III. The Specialized Legal Consultant – The Cornerstone in Execution Management

Achieving real recovery of rights depends not only on the correctness of the court judgment but also on the efficiency of managing the execution file. This requires an experienced legal consultant who possesses skills including:

1. Analyzing the Debtor’s Financial Status

A skilled legal consultant can trace financial transactions, infer potential asset locations through legal presumptions and open sources, and correlate them with the debtor’s legal and financial history.

2. Drafting Execution Requests Efficiently

Accurate and direct legal drafting of requests saves time and avoids procedural rejection or formal observations that could hinder execution.

3. Persistent Follow-Up and Judicial Interaction

A successful consultant does not wait for the file to move automatically, but rather follows up daily, communicates with competent entities promptly, and submits necessary motions, objections, or urgent requests as needed.

4. Managing Administrative Closure or Suspension

When a file is closed due to unavailable assets, the consultant reopens it upon new developments and submits objections or appeals backed by judicial precedents when necessary.

IV. Final Notes and a Strategic Vision for Right Holders

• Never underestimate the execution phase; an unexecuted judgment is practically equivalent to no judgment at all.
• Act quickly after the judgment is issued, and begin execution the same day if possible.
• Don’t rely solely on automated notifications; monitor the file personally or through your legal consultant.
• Set your goal from the start: Are you seeking to collect a debt? Recover an asset? Execute an obligation?

This clarity helps the consultant choose the best legal tools.

Conclusion

Execution is the real test of justice. It is not a mere procedural step but a legal battlefield requiring planning, speed, and professionalism. Hence, having a specialized legal consultant makes the difference between a judgment that remains unexecuted and one that becomes a tangible right on the ground.

Written by:

Mohamed Elnagar | Mohamed Alserkal Advocates and Legal Consultants