Suspension of Property Enforcement Proceedings
A strategic legal intervention that successfully prevented the forced sale of client property through precise application of Civil Procedure Law Article 288.
- Property Law
- Enforcement Proceedings
- Civil Procedure
Case Overview
Challenge
Property under enforcement with imminent public auction
Strategy
Article 288 Civil Procedure Law application
Outcome
Property under enforcement with imminent public auction
The Challenge
A client approached our office seeking legal advice after a judgment had been issued against him, followed by the initiation of enforcement proceedings. The judgment creditor had already taken all enforcement measures, including the attachment of the client's immovable property.
Subsequently, the Enforcement Court issued a decision to proceed with the sale of the property through public auction. The client's primary concern was whether it was legally possible to prevent the sale of his property.
Our Legal Strategy
Our office advised that, pursuant to the provisions of the Civil Procedure Law, the sale of attached property may be suspended provided that the income generated from such property is sufficient, within a period of five years, to settle the outstanding debt together with all related fees and expenses. On this basis, we submitted a petition to the Enforcement Judge, substantiating that the property in question was leased and generating fixed annual rental income of AED 120,000. We enclosed copies of the lease agreements and demonstrated that the projected income over the next five years would fully cover the remaining debt obligations, fees, and expenses, and even exceed them.Our office advised that, pursuant to the provisions of the Civil Procedure Law, the sale of attached property may be suspended provided that the income generated from such property is sufficient, within a period of five years, to settle the outstanding debt together with all related fees and expenses.
On this basis, we submitted a petition to the Enforcement Judge, substantiating that the property in question was leased and generating fixed annual rental income of AED 120,000. We enclosed copies of the lease agreements and demonstrated that the projected income over the next five years would fully cover the remaining debt obligations, fees, and expenses, and even exceed them.
Successful Resolution
The Enforcement Judge granted the application, in conformity with Article 288 of the Civil Procedure Law, which explicitly prohibits the continuation of the sale of the debtor's property where the revenues from such property, over a five-year period, are sufficient to discharge the debt, interest, fees, and expenses.
Accordingly, the enforcement proceedings for the sale of the property were suspended, thereby safeguarding the client's ownership rights and preventing the auction. This outcome was achieved through the precise application of the law and a strategic presentation of the supporting evidence.
Case Timeline
Key Legal Principle
“Article 288 of the Civil Procedure Law prohibits the continuation of the sale of debtor property where revenues from such property, over a five-year period, are sufficient to discharge the debt, interest, fees, and expenses.”
