The UAE Civil Procedures Law clearly stipulates terms for detention of defaulting debtors who do not uphold court orders. Article 319.3 outlines the time and conditions under which a debtor may be detained according to his conduct and financial situation. Below is a review of these periods of detention and legal limitations.

Periods of Detention and Extensions

1. One-Month Period (Renewable)

The debtor may be detained for a preliminary period of one (1) month renewable on the following grounds:

• The debtor hides or smuggles assets with the purpose of intentionally hurting the creditor.
• The debtor or guarantor was given an installment plan but did not pay without declaring insolvency.

Limitation: Assuming the debtor is not flight-risky and has a fixed residence, the total detention period, including renewals, shall not exceed six (6) months.

2. Renewal of Detention After 90 Days

If a debtor’s detention term has already expired and more than 90 days have passed, detention can be renewed if:

• The debtor is obstinate in payment though financially capable.

Limitation: The aggregate period of detention shall not be more than thirty-six (36) months, whether or not the debtor owes a sequence of debts to multiple creditors.

3. Extended Detention for Financial Crimes

A debtor may be subjected to an extended detention not more than sixty (60) months if:

• The debt is due to a wilful financial crime perpetrated by the debtor.

Conclusion

Familiarity with legal limitations and extensions of detention based on Article 319 is just as important to debtors confronted with payment disputes and to creditors seeking enforcement. The law entitles creditors with actions to hold back unpaid debtors but sets obvious limits to the best duration of detention so that the enforcement will not be excessive.

For companies and individuals who are subject to enforcement measures, legal experts can assist in navigating these provisions successfully, keeping UAE law requirements intact while safeguarding economic interests.