Liao Cheung-Sing - Services >> Execution of Judgements & Debts Collection
Our law firm is very keen to provide a distinguished and professional legal advices surrounding all aspects to execute the court order issued in favor of its clients and regain their debts from their debtors :
In addition to the management and collection of the third party assets in a step to keep up with the legislations updates which are being developed as per the technological and legal principles as a duty to fulfill its obligation towards its client and to provide them with a distinguished services.
Therefore , we are keen to provide our client with a legal concept about the nature of execution and its purpose :
Execution constitute the final and most serious stage of disputes regarding the rights between the creditor and debtor , therefore if the creditor has not started the process of execution yet , there are two types of arguments between both of them , since the debtor can't deny the debt as long as he is still struggling with the creditor in regards to this right before the court such as requesting partial or whole performance.
THE NATURE OF EXECUTION :
The execution constitute is the right given to make the debtor obliged by the force of law to pay or settle his financial obligation where his obligation and commitment constitute an integral part as this claimed right.
Legislators drafted a certain procedures and measures to satisfy this debt which called for to force the debtor to fulfill his obligations since no right would be conceived unless the debtor has the authority to recourse to the court to protect this right.
And this protection empower the debtor to drive certain benefits from this rights to force his debtor to fulfill this obligations , therefore if the debtor did not fulfill his obligations willingly , he is forced to fulfill the same by force and authority of law in another words , the legal authority is limited in two main matters :
First : to prepare the written instrument to execute this debt :
Second : to able the creditor to take his rights by force of law :
We would like to point out in principle the execution is that the debtor shall fulfill his debit in kind therefore if the in kind execution was not possible and the debtor was not willing to fulfill this right , it will be done by force in addition the lawmaker has authorized the creditor to force his debtor to fulfill his obligation by drafting two methods :
The first : the physical coercion done over the debtor till he is obliged to fulfill his obligation.
The second : treating the financial position of the debtor by putting pressure on his property, if the debtor refuses to fulfill his obligation in kind and the execution of the obligation is made impossible and not convenient unless if the debtor has fulfill this obligation by him self , therefore the law maker has empower the creditor to request the court to bind the debtor for this execution otherwise the debtor will be panelized with a fine paid for each day of delay or any period of time delayed to satisfy this obligation in the decided date (treating penalties ).
In addition, the method of execution do not affect the debit nor affect the obligation and it is clear that the forced execution consists of two kinds of execution.
The first : is the direct execution
The second : is the execution through attachment of distain where his property is found .
The duties performed by the office in the field of execution :
In view of the debtors negligence and omission and delay in fulfilling his obligation which will result in a confusion of the creditor's financial status or condition and whereas the office has wide expertise in the field of execution and collection of the third party property, we are pleased to introduce you with the duties of our officers in this field :
Electronically , our network can be connected with any net work to enable our clients to obtain immediate automated reports .
- Follow-up the debtors through our qualifies agents who are working all day by shifts to terminate this debit in a prompt method through obtaining the creditor's personal contact to serve him legally.
- Effecting the observed legal measures immediately after the debtor refuse to pay his debts.
- Preparing rite of summons for the rejected payment orders to speed up the execution of the judge's order.
- Receiving the execution rite and to speed up its serving and execution.
- Follow up the ancillary legal proceedings extended from any action in question with the follow up for the law action on all grade of courts.
- Obtain certificate for non-stratification of appeal or non-satisfaction of claimant for the subject of the claim.
- Serve court's orders and to speed up their execution through our agents.
- Persecute , place in custody and requesting imprisonment of the debtors and prevent him from travel and seize his movables and obtain compensation.
- Attach the salary of military personal and oil sector staff in the limits of one fourth of their salary for the preferred debtor and the guarantor, if the it was ( seizure of cars -property - banks ).
- All the above motioned will be done through :
- Distinguished professionals and specialists in the field of law and execution of court's orders who enjoy good reputation and good relation with the staff in the department related to execution of judgments.
- Agent of prior experiences in ministry of interior and has good knowledge in all areas of Kuwait are selected for their important role to guide the investigators to the debtors ' address and to reach up to serve them with courts orders.
- A dedicated team work is set up to reach and track the seized cars and to place these cars under custody of the police with the cooperation with the competent patrol of the frame of interior . all these measures are performed within the frame of placing a pressure on the debtor and guarantor which constitute a reason for payment for their moral effect related to the Kuwait community.
- Debtors and their guarantors are contacted on daily bases and to urge them for payment.
- Clients are provided with weekly reports.