Enforcement Procedures in Kuwaiti Law
The Kuwaiti legislator has introduced executive procedures that provide enhanced protection to creditors—whether companies or individuals—who have previously obtained judicial judgments, by strengthening the enforcement process as a prelude to the execution of judicial decisions, through the promulgation of Decree-Law No. 59 of 2025.
Recent Amendments to the Laws on Enforcement of Judicial Judgments in Kuwait
Previously, one of the most prominent legal and practical issues faced by litigants in general was the difficulty of enforcing judicial judgments issued in their favor, owing to the weakness of enforcement measures that followed the stage of obtaining a judgment.
Accordingly, the Kuwaiti legislator was keen to enact laws regulating the enforcement of judicial judgments in a manner that ensures transactional stability and secures the rights and interests of individuals and litigants, by removing the obstacles that had hindered enforcement.
With the issuance of Decree-Law No. 59 of 2025, creditors have been granted safeguards guaranteeing their entitlement to collect the debts claimed, including the reinstatement of arrest and detention as a precautionary measure enabling creditors to secure their funds.
Accordingly, the Kuwaiti legislator was keen to enact laws regulating the enforcement of judicial judgments in a manner that ensures transactional stability and secures the rights and interests of individuals and litigants, by removing the obstacles that had hindered enforcement.
With the issuance of Decree-Law No. 59 of 2025, creditors have been granted safeguards guaranteeing their entitlement to collect the debts claimed, including the reinstatement of arrest and detention as a precautionary measure enabling creditors to secure their funds.
Practical Challenges of the New Law on Enforcement of Judgments in Kuwait
Among the procedures introduced by the Kuwaiti legislator for the protection of creditors and in the interest of maintaining transactional stability are the following:
- The right to request disclosure from governmental authorities of the debtor’s assets, real estate, movables, usufruct rights, or other existing or future financial rights.
- The right to request disclosure of the debtor’s funds held with banks, investment companies, clearing agencies, or other existing or future assets or rights with third parties.
- The imposition of a travel ban or detention order, or both, in accordance with the law.
- Notification of the Credit Information Company of the debtor’s default for registration in the credit register, pursuant to Law No. 9 of 2019.
- The appointment of a qualified expert from the General Department of Experts whenever enforcement proceedings require.
Safeguards for Protecting the Debtor from Seizure under Kuwaiti Law
Without prejudice to the provisions of any other law, the following shall not be subject to attachment:
a) Public or private funds owned by the State.
b) Clothing required by the debtor, his spouse, relatives, and in-laws residing with him in the same household, as well as essential household furniture, kitchen utensils, and food and fuel necessary for one month. No attachment may also be levied upon items required for the performance of religious duties.
c)Property bequeathed or gifted to serve as maintenance or a periodic or lifetime annuity, together with amounts adjudicated by the courts as maintenance or sums allocated for a specific purpose, all to the extent of one quarter for the satisfaction of court-ordered maintenance debts.
d) Property gifted or bequeathed with an express stipulation against attachment, where the attaching creditor is among the creditors of the donee or legatee whose debt arose prior to the gift or bequest, except in relation to maintenance debts and up to one quarter.
e)Books, tools, and equipment required by the debtor for the pursuit of his profession or trade, provided that the attachment is not for the recovery of their price or maintenance costs.
f)Wages and salaries that are not otherwise regulated by special legislation in respect of non-attachability, save up to one half thereof. In case of concurrence of claims, one half shall be allocated to satisfy maintenance debts, and the other half to all other debts
b) Clothing required by the debtor, his spouse, relatives, and in-laws residing with him in the same household, as well as essential household furniture, kitchen utensils, and food and fuel necessary for one month. No attachment may also be levied upon items required for the performance of religious duties.
c)Property bequeathed or gifted to serve as maintenance or a periodic or lifetime annuity, together with amounts adjudicated by the courts as maintenance or sums allocated for a specific purpose, all to the extent of one quarter for the satisfaction of court-ordered maintenance debts.
d) Property gifted or bequeathed with an express stipulation against attachment, where the attaching creditor is among the creditors of the donee or legatee whose debt arose prior to the gift or bequest, except in relation to maintenance debts and up to one quarter.
e)Books, tools, and equipment required by the debtor for the pursuit of his profession or trade, provided that the attachment is not for the recovery of their price or maintenance costs.
f)Wages and salaries that are not otherwise regulated by special legislation in respect of non-attachability, save up to one half thereof. In case of concurrence of claims, one half shall be allocated to satisfy maintenance debts, and the other half to all other debts
Protection of Housing and Salary and the Issue of Seizure of Bank Accounts
The debtor shall not benefit from this protection if the creditor establishes that the debtor has disposed of his assets, either before or after the entry into force of this law, in a manner prejudicial to the creditor’s rights.
A residence is deemed “necessary” if it is government housing or an equivalent private residence built on land not exceeding 1,000 square meters. The summary judge shall determine disputes concerning the debtor’s and his family’s need for the residence, balancing the creditor’s rights with the debtor’s protection in respect of his dwelling.
Accordingly, the legislator in the Code of Civil and Commercial Procedure has afforded legal protection to the necessities of a dignified life, ensuring family stability and growth. Nonetheless, a practical difficulty arises with regard to attachments imposed on salaries and funds deposited in local banks.
Debtor's Rights and Mechanisms for Suspension or Installment of Judicial Enforcement
While attachment of salaries may not exceed 25% thereof, attachment of funds held in bank accounts may extend to the entirety of the amount. Consequently, once salaries are deposited and intermingle with the debtor’s other funds, it becomes difficult to distinguish between them. For this reason, circulars and decisions have been issued by the competent enforcement authority—the General Directorate of Civil Enforcement—prohibiting the attachment of salaries beyond 25%. However, this does not preclude creditors from attaching the full amounts deposited in bank accounts.
In light of the enforcement measures and their application, the debtor is entitled to take certain steps, provided that the requisite conditions are met, that may suspend or even terminate enforcement measures, subject to the existence of legal grounds permitting such relief.
No arrest or detention order shall be executed unless the creditor demonstrates the debtor’s financial capacity and solvency together with his willful refusal to pay. In such cases, the burden shifts to the debtor to prove his insolvency and inability to pay. Exceptions to arrest and detention also exist to prevent their abusive use.
Accordingly, debtors, in view of the legislative framework, are advised to initiate payment through the competent Enforcement Department in order to avoid the imposition of enforcement measures. Private settlements outside the Enforcement Department do not bar the application of enforcement measures; thus, it is prudent to ensure that payment is effected within the Department in order to release the debtor from liability.
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