Jordan - Attachment of Assets
Sami Habayeb and Adib Habayeb, Jabal Amman
Originally from Attachment of Assets
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?
All judicial measures are available for obtaining a provisional court order for the attachment of the assets of debtors. If the asset is a property or movable, it can be left in the custody of the debtor and at his own risk for its protection
2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.
The attachment prevents the debtor – owner from disposing of the property in any manner. It is a judicial order.
3. What is the jurisdictional basis for an attachment? Is the presence of the debtor’s property a sufficient basis for an attachment to be obtained, assuming other requirements are satisfied? To what extent may attachments be used as a basis for obtaining personal jurisdiction over a debtor? To what extent are attachments or similar orders intended to have extraterritorial effect?
If the asset or business is situated in Jordan, the Jordanian competent court has jurisdiction to issue an order of provisional attachment of the asset provided “Prima facie” evidence of the debt exists.
A final judgment issued by a foreign court can be the basis for obtaining a Jordanian court attachment and ultimately the execution of the enforceable attachment under the law for the execution of Foreign Judgments in Jordan.