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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I got travel banned in kuwait and i need to lift...

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I got travel banned in kuwait and i need to lift the travel banned

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I made a case for one of my customer 2 yrs before and now he opened a case for me that i made fake signature of him and i got problem of travel ban in kuwait and i am a businessman whose working in china and need to go back to china asap plz let me know what should i do

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Kuwaiti law and the text of Article (297) is a special procedure stipulated by the legislator for the purpose of preventing the debtor from traveling outside Kuwait in the case of certain conditions required by law, and this is required to relies it when the creditor has the right of an investigator and performance status. If this is done before filing the substantive case, he should ask the Director of the General Administration for Implementation The person who is delegated by the General Assembly of the College Court may issue an order prohibiting travel and assessing the debt if it is not estimated. This shall be at the request of the creditor to the General Administration for Execution. For example, the debtor liquidates money or sells movables owned by it for the purpose of traveling without return. The administration shall also have the right to terminate the residence of the foreign debtor or order him to leave the country if necessary in the public interest.
The travel ban shall be derived in the aforementioned conditions and shall not expire or fall except in circumstances specified by law, including the following conditions:
1. The order of forfeiture shall be forfeited if any of the conditions necessary to meet the default of the debtor are not satisfied, for example, if the debtor was unable to fulfill the issuance of the order, as if the suspicion of his escape from the country that existed was no longer valid.
2. Where the creditor agrees in writing to drop the travel ban.
3. If the debtor provides a guarantee covering the claimed debt (bank guarantee) or a capable guarantor accepted by the person who issued the travel ban order.
4. If the debtor deposits the treasury of the General Administration of Execution an amount of money equal to the debt and its appendices and is allocated to fulfill the right of the creditor who issued the order at his request, we must mention here that that amount is reserved by law by law for the benefit of this creditor. It has an effect on the right of the creditor to whom the sum is allocated.
5. The travel ban shall be forfeited if the claimant creditor fails to submit any evidence of filing the claim within seven days of the issuance of the travel ban.
The law also stipulates articles 299-304 of the Kuwaiti Code of Procedure to offer and deposit before the debtor so that it can meet the debt owed to the creditor.
When there is an offer and a rejection by the creditor and the offer is money or other things, what can be transferred and deposited Treasury of the General Administration of Execution, the delegate of the declaration deposited the treasury of the court and he must declare the creditor a copy of the minutes of the deposit within three days from the date, but if the supply is not what Mention of the ad delegate's request from the judge of temporary matters to offer him the license to deposit him in the place where the judge is concerned when that thing can be transported without hardship, but if it was transported hard or prepared to stay where he found a request from the judge to put that thing under guard and when the thing could be damaged or It costs big expenses to deposit the debtor may ask the judge to sell it by auction and deposit the price in the treasury of the General Administration of Execution. The real offer before the court shall be without procedures when the offeree is present, and the judgment shall not be valid if it is not followed by a deposit
The debtor may also return an offer that his creditor has not accepted and recover what he deposited when proving the creditor's declaration by one of the delegates about the offer and rejecting it. The delegate of the declaration of his intention to receive and deliver the creditor to the applicant has a copy of the record of this deposit delivered to him with a summary of what he received.
If all of the above and with regard to the prohibition and travel ban is by the creditor in the case of the lawsuit and the prohibition of travel is a precautionary measure can be removed.
Therefore, the Kuwaiti legislator made available to persons who have been issued with the orders to prevent travel enabled him to appeal to the competent court. The usual procedures for filing a lawsuit
The complaint shall be canceled if the debtor proves that the conditions of issuance set out above are not met.
The travel ban requires that, with the consent of the law, all the above conditions must be met in one go.
The travel ban is not a means of implementation, but a temporary and precautionary measure intended to counter a particular situation of the debtor escaping from Kuwait before paying off his debt.
If this condition or any other condition fails, the travel ban shall be cancelled.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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