Imprisonment of the Debtor and the Interest of the Creditor

In the midst of the accelerated events to amend the Jordanian Execution Law in light of the prevailing circumstances and conditions in the Hashemite Kingdom of Jordan, which were recently caused by the pandemic of the spread of the Corona virus in Jordan and the whole world, and with regard to defaulters and their inability to pay their debts and their civil liabilities, which vary among residential and commercial real estate rent, and debts related to other civil rights, such as school installments, bills of exchange, etc., and among preserving the maintenance of the right of the creditor and not procrastinating in the payment of debts, we find the gap between the interests of both parties, therefore, the government has directed to work on amending the execution law in order to balance the interests of the two parties; One of the most important amendments decided by the government is that the settlement rate should be 15% of the value of the debt instead of 25%, knowing that The settlement rate in the current execution law is 15%, and it does not stipulate for giving the convict (the debtor) a grace period in the event that a settlement is made between the parties Judgment creditor and the convicted (the debtor), and among the important amendments are also determining the period of civil imprisonment for the debtor which becomes does not exceed sixty days for one debt instead of ninety days per year or one hundred and twenty days for the total debts in the event that there is more than one debt.

And since, after studying the above two amendments, we find that it has clearly and significantly tended to the interest of the debtor over the interest of the creditor, knowing that the purpose of imprisoning the debtor in the execution Law is to force the convict (the debtor) restricting his physical freedom to fulfill its liabilities and debts, thereby this matter left many creditors in a state of frustration and loss of hope to collect their financial rights.

Written by our Legal Consultant : Yasmin Abdo

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