This service enables customers to file a motion requesting Provisional and Summary Actions Judge to issue a sequestration order over moveable and immoveable properties of the debtor.
1. Sequestration request
2. In the event of litigant being a natural person, s/he should attach a copy of her/his Emirates ID, and in the event of being a legal person/corporate body (company or establishment), a copy of manager’s Emirates ID (stated so in the Commercial License) together with the latest copy of Commercial License.
3. Details of items to be seized such as moveable or immoveable properties, funds, stocks, bonds and others to be mentioned.
4. A copy of lease (Ejari) translated legally into Arabic.
5. Proof stating debt on due, such as (cheques – bonds – judgment specifying amount of debt, …), if any.
6. Applicant should sign an undertaking of compensation for damage cost incurred by the aggrieved defendant.
7. Copies of title deeds of moveable or immoveable properties to be seized.
8. Proof stating contractual relationship between Lessor and leasing office; lease, management contract in force or Power of Attorney.
9. A copy of inheritance certificate for the heirs if (Lessor) is deceased.
10. A copy of notarized Power of Attorney for legal agent and Emirates ID. In the event of being a law firm, must attach Commercial License of the law firm and being its representative, should produce an authorization/POA from the law firm.
11. All documents must be submitted in or legally translated into Arabic.
Pursuant to Article (111) of Cabinet Decision No. (57) of 2018 concerning the Executive Regulations of Federal Law No. (11) of 1992 on the Civil Procedures Law and its amendments, the creditor, without prejudice to the provisions of any other law, may request the court hearing the case or the judge of the summary and provisional actions, as the case may be, to place the sequestration order against the real estate and movable properties of the defendant in the following cases:
1. Every case in which he fears the loss of the guarantee of his right, as for example:
a. If the debtor has no permanent residence in the country.
b. If the creditor fears that the debtor will escape, or will smuggle out or conceal his properties and that there is serious evidence.
c. If the securities of the debt are under threat of loss.
2. The lessor, who is engaged in a suit against the lessee and sub-lessee over movables, fruits and crops in the leased premises as a surety for the right of lien due to him by the law, may invoke sequestration order. He may do so also if the movables, fruits and crops have been removed therefrom without his knowledge, unless a period of thirty days has passed since their removal or unless enough properties have remained in the leased premises to ensure the discharge of the lien due to him.
3. If the creditor holds a formal or informal unconditional deed of debt due for payment or if the creditor has an unenforceable judgment as long as the amount of the debt shown therein is designated.
4. If a worker is unable to settle his or her receivables as determined by the law governing the relationship between them, in order to ensure that his or her receivables are fulfilled after being provisionally assessed by the competent administrative authority.
5. In all cases, and before it responds to the sequestration motion, the court may request any details, evidences or sworn affidavits or carry out a brief investigation or conduct the necessary investigations with the help of the competent administrative authorities if it considers necessary.
Note: The distrainor shall, within eight days from the date of attachment, file a lawsuit before the competent court proving his/her lien in cases where the sequestration is placed by an order from the Summary Actions Judge or else the sequestration shall be null and void.
AED 20 Sequestration Order Fee
Through Real Estate Services Trustees
Step 1: The customer visits one of the service centres (Real Estate Services Trustees)
Step 2: The customer electronically provides the required documents to the RDC staff to ensures their compliance
Step 3: The RDC staff enters the transaction data into the system, verifies and approves
Step 4: The customer deposits the fee with the bank, submits the receipt to one of the service centres to be sent to the e-mail given by the employee of the concerned authority.
Via the approved email
Step 1: Register Petition Order request for sequestration through the given email
Step 2: Upload documents
Step 3: Deposit the fee with the bank and send in the receipt to given email
Step 4: Receive the Judge’s decision by the email