02/04/2025
02/04/2025

Fee collection forms and fee collection receipts accounted for the least number at 0.03 percent each. Travel ban transactions in the Capital branch accounted for the largest number at 49.4 percent, followed by the Ports-Sulaibiya-Lawyers Association branches at 30.1 percent, Farwaniya at 6.0 percent, Ahmadi at 5.0 percent, Hawally at 4.5 percent, Jahra at 3.5 percent, and Mubarak Al- Kabeer at 1.5 percent. The Rental Department had a total of 13,807 transactions. Fee collection receipts ranked first with 5,452 or 39.5 percent, while receipts for a warning or judgment were last at 0.01 percent. The Capital branch recorded the largest number of such transactions at 54.6 percent, followed by Farwaniya at 14.2 percent, Hawally at 14.1 percent, Ahmadi at 11.1 percent, Jahra at 3.6 percent and Mubarak Al-Kabeer at 2.4 percent.
On the other hand, lawyers believe that measures stipulated in the draft decree-law amending certain provisions of the Civil and Commercial Procedures Law could be used to restore the rights of the concerned individuals. They welcomed this step, considering it “an absolute necessity to deal with the rise of fraud cases and the loss of rights.”
He asserted that the reinstatement of arrest warrants after amending the law has several justifications; the most important of which is protecting the national economy from the obstruction of debt collection methods and reducing the rate of bad debts. He affirmed this would improve the investment climate in the country, enhance confidence in the rule of law and judicial institutions, combat debt evasion, and strike a balance between the right of the creditor to collect payment and the right of the debtor to fulfill his obligations without resorting to a fraudulent misrepresentation of his financial position. He concluded that the implementation of the law is a step toward modernizing Kuwaiti laws in line with the best international practices and ensuring a fair legal environment that achieves a balance between parties to the relationship while taking into account the human and social dimensions.
Attorney Abdul Mohsen Al-Qattan added that the abolition of arrest warrants in the previous period led to a major problem -- debtors and financial defendants evading payment, as this made it difficult to enforce court rulings; indicating that court rulings for financial claims have no value. He said the previous decision was wrong, lacked due diligence, and caused enormous losses for companies and property owners. He revealed a large number of citizens and expatriates, including divorcees were harmed by such cancellation. “During this period, most debtors and those financially liable did not pay until the issuance of decisions,” he added.
It is worth noting that arrest, detention and imprisonment are considered a means of pressure to pay debts. Travel ban alone is insufficient and it is considered a weak tool. Many financially wanted individuals have no problem with the issuance of a travel ban and ruling. The abolition of arrest and detention previously encouraged tax evasion, as there is no legal or criminal prosecution for those who evade payment. This resulted in bad debts for many companies due to the deliberate non-payment of debts by those wanted by law.
Al-Seyassah/Arab Times Staff