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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
Lawyer
hiI want to take legal action against a debtor in...
hiI want to take legal action against a debtor in Kuwait, for recovery of certain outstanding in a commercial contract between my company (creditor) and debtorWould like to know the best and easiest solution? Is there any administrative authority in Kuwait which hear such commercial disputes, if yes, will it be effective and binding on debtor?For civil case, what is the court fees? is there any lmitation set in value for appeal in the highest court. I believe there are 3 courts in Kuwait. How soon judgement can be expected? Is it common to appoint an expert ?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am from Dubai. But the consultation is regarding Kuwait laws
Lawyer's Assistant: Has anything been filed or reported?
not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
matter is given above
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إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
Kindly be noted that, there must be a case filed against this claim against that person to repay the debt he owes, and to provide the bond for that debt, whether it is a bank check or a bill of exchange, or a contract that obliges the other party to pay money to you. In this regard, you have to seek assistance from a lawyer in Kuwait and present all the documents to the layer to assist you with the legal procedure to be taken, as well as the court.
If the debt was raised in writing, and if that debt is proven in writing, you can prevent the debtor from traveling outside the country in accordance with the law of pleadings, which determines that the creditor has the right to demand investigation in effect, even before the file of the case, to request from the director of the action department or those delegated by the general assembly of the court's agents to issue a ban warrant against any debtor to travel with a temporary estimate of the debt if the amount is not specified, and the case is issued based on a petition submitted by the concerned person to manage the implementation if serious reasons for thinking of the debtor refusing to pay back despite his / her ability to pay so.
If the debt was raised in writing, and if that debt is proven in writing, you can prevent the debtor from traveling outside the country in accordance with the law of pleadings, which determines that the creditor has the right to demand investigation in effect, even before the file of the case, to request from the director of the action department or those delegated by the general assembly of the court's agents to issue a ban warrant against any debtor to travel with a temporary estimate of the debt if the amount is not specified, and the case is issued based on a petition submitted by the concerned person to manage the implementation if serious reasons for thinking of the debtor refusing to pay back despite his / her ability to pay so.
The executive person also can before issuing the order to conduct an investigation to assure on everything, this is in case the supporting documents are not enough. The issuance of a travel ban order with the authority of the administration to terminate the residence of the foreign debtor or forcing him to leave the country if that is in the public interest is not necessary.
The travel ban order must be announced to the person against whom the order was issued within two weeks from the date of its issuance and the debtor can plea against such an order.
The director of the execution department can approve the travel of the debtor due to illness or one of his family of the first degree e.g. a wife or a son or a father, provided that he / she must present a medical certificate by an official authority stating the need for treatment abroad and not to be able to be treated inside the country, with the travel ban still in effect
The travel ban order must be announced to the person against whom the order was issued within two weeks from the date of its issuance and the debtor can plea against such an order.
The director of the execution department can approve the travel of the debtor due to illness or one of his family of the first degree e.g. a wife or a son or a father, provided that he / she must present a medical certificate by an official authority stating the need for treatment abroad and not to be able to be treated inside the country, with the travel ban still in effect
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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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