SA, Doha A: According to Article 514 of the Civil & Commercial Procedure Code, if the judgment debtor abstains from the execution of judgment issued against him, the judgment creditor
may request the imprisonment of the judgment debtor.
'Consequently, the judgment creditor
is entitled to enjoy the fruit of her judgment.
But a judgment creditor
, Stewart Title Guaranty Co., opposed the motion, arguing that L&W's only available lien was for its contingency fee and expenses, which had already been paid in full.
"Petitioner alleges funds due him by virtue of a lien in his favor as Montazami's judgment creditor
were misdirected to Montazami, his debtor, as a direct result of the Commissioner causing the Court to enter an erroneous order that divested him of enforcement of his judgment lien respecting the Marital Home.
The enforcement order directed all banks and relevant financial institutions within Qatar to comply forthwith; freezing the relevant sums and transferring the same to the Qatar International Courts Enforcement Account for the benefit of the judgment creditor
. The enforcement order comes after the First Instance Circuit of the Qatar International Court found the 'defendant', a local company registered outside the QFC, liable to the 'claimant' in relation to unpaid insurance premiums.
A prerequisite is the existence of a court judgment for the debt as well as the existence of fraudulent acts against the judgment creditor
, regardless of whether they were made before or after the filing of the action on the basis of which the judgment was issued.
As a practical step, it is recommended that the judgment creditor
supplies as much information as possible about the debtor, his assets and location to the Execution Judge and, where appropriate, the police.
law, permits a judgment creditor
to obtain information concerning a judgment debtor's assets on a worldwide basis-from both Kazakhstan and from the U.S.-based financial institutions that manage its assets.
(PAY DAMAGES TO THE JUDGMENT CREDITOR
OR SURRENDER THE PROPERTY OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR
The plain language of [section] 544(a) affords broader authority to an estate representative to step into the shoes of a hypothetical judgment creditor
than most courts have been willing to recognize.
The notice issued by the deputy registrar of the High Court in Sabah and Sarawak said that the sum of RM480,489.40 had to be paid to Lee Yau Cheong@James as a judgment creditor
based on a Sessions Court summons or a counterclaim, set-off or cross demand made.
The new law also limits a judgment creditor
's ability to only assert, via a charging order, a lien against a debtor's distributional interest from an LLC for an unsatisfied judgment.