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Enforcement

You won, and you still have not been paid

Obtaining a judgment and collecting on it are two separate exercises, and a great many creditors discover that only after the first one is finished. Enforcement is where recovery most often stalls — and where a stalled file is most often revivable.

What we do at this stage

Enforcement proceedings themselves are conducted by licensed advocates, not by a collection agency. What we do is the part that determines whether enforcement is worth starting: locating the debtor, establishing whether there is anything to enforce against, and — very often — using the existence of the judgment to negotiate payment without further proceedings at all.

Why judgments go uncollected

A judgment is a declaration that a debt exists. It does not move money. The gap between the two is where creditors lose years, and the reasons are consistent:

  • Nobody looked for assets first. Enforcement against a debtor with nothing to take costs money and produces nothing. The asset question should be answered before proceedings begin, and frequently is not.
  • The debtor restructured. The entity named in the judgment stopped trading and a successor took its place. This is common and does not always end matters, but it changes them entirely.
  • The creditor stopped pushing. The case was won, the advocate's engagement ended, and the file quietly became nobody's job.
  • The judgment is foreign. A judgment obtained elsewhere has to be recognised before it can be enforced here, and whether it can be is a threshold question rather than a formality.

What we do with a judgment file

StepWhat it establishes
1. Verify the judgment debtor Whether the entity named is still trading, has been restructured, or has a successor operating in the same business.
2. Locate assets and activity Whether there is anything realistic to enforce against — trading activity, receivables, an operating presence.
3. Re-open contact A judgment materially changes a debtor's position in a negotiation. Many judgment debtors who ignored proceedings will engage once contacted directly with a settled, non-arguable debt.
4. Recommend Whether to negotiate, to enforce, or to stop. If the honest answer is that there is nothing to recover, that is what you will be told.
5. Refer, if enforcement is the route The file goes to our associate advocates with the groundwork done, and with the cost basis approved by you in advance.
The most under-used asset in debt recovery

An unenforced judgment. The debt is no longer arguable, the debtor knows it, and in many cases nobody has contacted them about it in years. Re-opening that conversation costs you nothing under a no win, no fee arrangement and settles a meaningful share of files without any further proceedings.

Foreign judgments

If you hold a judgment obtained outside the UAE, the threshold question is whether it can be recognised here — which depends on where it was obtained and on the arrangements between the two jurisdictions. That is an advocate's assessment, and it is worth getting before committing to anything. Where recognition looks unlikely, a direct negotiated settlement may be the only realistic route, and it is one we can pursue.

What to send

  • The judgment or order, and any enforcement steps already taken.
  • The underlying contract and invoices.
  • The exact entity name as it appears in the judgment.
  • Anything you know about the debtor's current activity — a new trading name, a website still running, a related company.

Enforcement FAQs

Questions from creditors holding a judgment

Our judgment is several years old. Is it too late?

Age reduces the odds but does not automatically end matters — the decisive question is whether the debtor still has anything worth enforcing against. That is exactly what the assessment establishes, and it costs nothing to find out.

The debtor company was closed down. Is there anything left?

It depends on how it was closed, whether a successor entity is trading the same business, and whether any personal undertaking or cheque was given. All three are worth checking before writing the judgment off.

Can you enforce, or do you just negotiate?

We negotiate, locate and prepare. Enforcement proceedings are conducted by our associate advocates, who are licensed to do that work. We are clear about that division because it affects what you are buying.

Do you charge for an unenforced judgment on the same no win, no fee basis?

Yes for the recovery work — commission on what is actually collected. If enforcement proceedings are required, court and advocates' fees are separate and require your written approval. See fees.

Find out whether your debt is worth pursuing

Send us the invoice or the cheque. We will tell you what route applies, what it is likely to cost, and whether we would take it on — at no charge and with no obligation.

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