Palestinian Enforcement Law Reform 2024: Strengthening Legal Enforcement and Debtor Protections

1) Jurisdiction for Filing Enforcement Actions

Article (4) of the Enforcement Law, which defines the territorial jurisdiction of the competent enforcement department, was amended to clarify territorial jurisdiction, expressly allowing enforcement actions to be filed either at the domicile of the creditor or at the place where the obligation arose.

What does that mean for you?

This gives creditors more flexibility in choosing where to initiate enforcement, which can reduce delays and costs. Debtors, on the other hand, should expect enforcement proceedings to potentially occur outside their place of residence.

2) Decisions of the Execution Judge

Amendments to Article 5 introduced the following:

1. The enforcement judge may, upon request from a party, convene a hearing to decide on the matter, and any affected party may submit a written objection within 7 days of notification.
2. Decisions of the enforcement judge are now appealable within 7 days of either notification or acknowledgment, with the appeal to be decided within 14 days of submission.
3. Appeals are subject to a mandatory deposit: 50 Jordanian Dinars for claims under 10,000 JOD, and 100 JOD for claims exceeding 10,000 JOD. If the appeal is deemed unfounded, the amount is forfeited to the public treasury.

What does that mean for you?

This creates faster, more predictable timelines. Creditors benefit from quicker resolution of enforcement disputes, while debtors must act promptly and assess whether appeals are worth the financial deposit risk.

3) Authority to Submit Applications

Article 7 was amended to require that enforcement applications exceeding 10,000 JOD, or those of indeterminate value, must be submitted through a licensed attorney.

What does that mean for you?

Both creditors and debtors now need professional representation in larger cases, ensuring better-quality filings but adding legal costs. It also standardizes practice and reduces procedural errors.

4) Electronic Procedures

Article 8 has been amended to include provisions on the use of electronic means in enforcement proceedings. Under the amendment, enforcement applications, notifications, correspondence, and delegations may be carried out electronically.

What does that mean for you?
Parties can now submit enforcement requests and receive notifications digitally which reduces paperwork and delays. This also enhances accessibility for parties located outside the court’s jurisdiction.

5) Voluntary Enforcement Period

Article 9 (2) was amended to extend the debtor’s voluntary execution period to 14 days from the date of notification, with certain exceptions provided under the law.

What does that mean for you?
Debtors gain more time to settle voluntarily before forced execution begins. Creditors, in turn, should monitor the deadline closely and prepare for immediate action once it expires.

6) Notification of a Debtor of Unknown Residence

Article 10 was amended to align procedures with the Civil and Commercial Procedures Law for notifying debtors whose place of residence is unknown.

What does that mean for you?

This creates uniformity and reduces confusion in serving absent debtors. Creditors can rely on clearer legal grounds for substituted service, while debtors maintain protection through standardized notice procedures.

7) Debtor Objections

Article 32 now distinguishes between types of instruments in debtor objections:

1. Private instruments (customary deeds): The debtor may object within 14 days of notification, claiming forgery, denial of signature, or partial/full settlement. The creditor must then pursue summary proceedings before the competent court to prove the claim. Enforcement is suspended pending judgment, except where the debt is based on an official instrument or negotiable commercial paper, in which case suspension requires a court order.
2. Official instruments: The debtor may object within 14 days, alleging forgery or partial/full settlement. The debtor must then initiate summary proceedings before the competent court to prove the validity of their claim. Enforcement continues unless stayed by court order.

What does that mean for you?

Creditors now enjoy uninterrupted enforcement when relying on official instruments, improving recovery certainty. Debtors must act quickly and with solid evidence when contesting private documents to avoid losing the right to object.

8) Competent Authority for Recovery Claims

Paragraph 2 of Article 85 was amended to state that, in the event a debtor’s movable property is seized and a third party claims ownership of it, the third party may file a recovery claim before the Enforcement Judge to prove their ownership of the seized items. The decision of the Enforcement Judge may be appealed before the Court of First Instance in its appellate capacity.

What does that mean for you?
Third parties claiming ownership have a direct route for relief before the enforcement judge, speeding up recovery disputes. Creditors should be ready to prove lawful seizure if ownership is contested.

9) Minimum Bid/Auction Amount

Article 125 now sets a floor for property auctions, requiring that bidding must begin at no less than 50% of the appraised value of the property.

What does that mean for you?
This prevents properties from being sold at undervalued prices. Creditors benefit from fairer recovery of debt, while debtors are protected from losing assets below reasonable market value.

10) Minimum Threshold for Settlement Offers by the Debtor

Article 155(1) was amended to permit creditors to seek imprisonment of a debtor who fails to propose a settlement proportionate to the The amendment also establishes a minimum threshold for the initial payment under the proposed settlement, stipulating that it must not be less than 15% of the debt amount subject to enforcement.

What does that mean for you?
Creditors gain leverage to demand serious settlement offers backed by an upfront payment. Debtors must plan realistic proposals and ensure their payment offers meet the new minimum to avoid detention requests.

11) Cases in Which Imprisonment of the Debtor Is Prohibited

Article 163 now includes additional the following cases in which a debtor may not be imprisoned for failure to repay a debt:

1. Debtors aged 70 or older at the time of enforcement, except where the debt relates to alimony, personal rights, damages, or indemnities arising from criminal acts.
2. Bankrupt debtors during bankruptcy proceedings, or debtors seeking preventive composition.
3. Pregnant women (up to three months after delivery) and mothers of children under two years of age.
4. Debtors with incurable illnesses that render imprisonment intolerable, based on an official medical committee report.
5. Spouses jointly, or a debtor whose spouse is deceased or incarcerated, if they have a child under 15 years old or a dependent with disabilities.
6. Debtors with sufficient attachable assets to cover the debt.
7. Debts secured by real collateral.

What does that mean for you?

This amendment humanizes enforcement by protecting vulnerable groups. Creditors should assess whether detention is legally available before filing a request, while debtors in exempted categories should document their eligibility clearly.

12) Expiry of Enforcement Proceedings

Article 165 now provides that if an enforcement case remains dormant for two years without action by the parties, the proceedings lapse by order of the Head of Enforcement, either upon request or on the court’s own initiative, unless a legal impediment prevented continuation.

What does that mean for you?

This encourages both parties to act diligently. Creditors must track their cases to avoid lapse, and debtors benefit from greater certainty that dormant claims will not linger indefinitely.