Civil Execution and Creditors' Rights in Jordan

A significant amendment to Jordan's Enforcement Law, effective from 26 May 2025 under Article 22/e/2, prohibits the imprisonment of a debtor who fails to repay a contractual debt or propose a proportionate settlement — with the exception of lease contracts and employment contracts. This raises an important question: how can creditors effectively collect their dues when a debtor has no attachable assets?

The Balance Between Creditor and Debtor Rights

Balancing the rights of creditors and debtors is one of the most complex challenges in civil law. The law provides several enforcement tools before resorting to more drastic measures:

•        Attachment of the debtor's assets

•        Travel ban orders

•        Instalment-based enforcement arrangements

Civil Death: What Is It?

When conventional enforcement tools prove insufficient, the law provides for 'civil death' — a mechanism that treats the debtor as legally non-existent, resulting in the loss of fundamental civil rights, including:

•        The right to vote or own property

•        The right to renew legal licenses

•        The right to open or renew bank accounts

•        The ability to borrow from banks or finance companies

•        The ability to conduct financial transfers or receive remittances

•        Access to government e-services

The Legislative Gap in Jordan

There is currently no explicit, standalone legal provision in Jordan directly addressing civil death as a defined penalty. This gap creates significant uncertainty around when civil restrictions can be imposed and whether a debtor can have their rights restored.

Legal experts argue that clear legislation is needed to define the conditions for imposing civil restrictions, establish mechanisms for restoring rights once debts are settled, and distinguish between debtors who are genuinely unable to pay and those deliberately evading their obligations.

The Role of a Lawyer

In cases involving debt recovery, creditors benefit significantly from engaging a specialized lawyer who can assess available enforcement options, advise on the most effective legal strategy, and represent them in enforcement proceedings.

At Shraideh Law Firm, our civil litigation and enforcement team has extensive experience in debt recovery proceedings and creditor rights protection under Jordanian law.