Originally from Attachment of Assets

Preview Page

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?

In civil and commercial claims, the Plaintiff or a third party may request that the court impose some provisional measures on the debtor’s property, whether the property is in his possession or someone else’s possession. The Enforcement Law, the Law of Commercial Courts and the Law of Civil Procedures govern the process of requesting an attachment to be placed on the debtor’s property, and Saudi courts have jurisdiction over precautionary and provisional measures enforced in Saudi Arabia, even if such courts have no jurisdiction over the original case, as in the case of foreign court orders and international commercial arbitration.

Saudi law provides for two types of attachment orders: precautionary attachment and attachment as part of enforcing final judgements. The latter type of attachment is removed only if the claim is settled and the amount of the judgment is paid in full or when the attached property is liquidated, and it may also be removed upon a request from the debtor. Precautionary attachment remains in effect until the court removes it by a subsequent order in the cases stated in answer number 17 below.

For a precautionary attachment request to be successful, the debt must be evident and due. The creditor must prove his claim to obtain an attachment order from the competent court or authority with jurisdiction to hear the dispute. The enforcement of the order falls within the jurisdiction of the enforcement court. The order to enforce an interim or a precautionary measure, including the attachment of the debtor’s assets, should be issued upon request of the concerned party to the competent court that would issue the order at its sole discretion.