The Check as an Executive Instrument in the Judicial Enforcement Law 2024

With the issuance of the Judicial Enforcement Law of 2024, numerous questions may arise regarding how to initiate enforcement procedures before the Enforcement Court across various judgments. Among the critical topics that might spark considerable inquiry, due to their significance and frequent use, is the check. This article aims to address some of the common questions related to enforcement through checks.

How Can Enforcement Be Executed Through a Check?

The new law allows enforcement through a check to be registered directly without the need to file a prior lawsuit. A check now holds the status of an executive instrument under specific conditions stipulated by the law. The law recognizes a check as an executive instrument if the bank (the drawee) marks it as having insufficient funds, no funds, or partial payment.

The law requires that, for direct enforcement registration without a prior lawsuit to obtain an enforceable judgment, the bank’s refusal to honor the check must be due to either insufficient funds or no funds in the account. Meeting either of these conditions is sufficient to grant the check the power of an executive instrument. However, if neither condition is met, enforcement through the check cannot proceed directly, and a court judgment must be obtained first.

Who Has the Right to Initiate Legal Enforcement Procedures?

The beneficiary or their legal representative has the right to take the necessary enforcement measures directly against the drawer. This is done to recover the value of the check or the remaining amount in cases of partial payment, through a request submitted to the competent enforcement judge.

What Are the Requirements for Registering Enforcement Through a Check?

The law mandates the following conditions when submitting an enforcement request for a check:

1. The original check or a copy must be presented to the Enforcement Court.
2. An official statement from the drawee (bank) confirming the inability to pay the check amount, or the remaining amount in cases of partial payment, must be provided.
3. The check must not be endorsed or transferred.

What Is the Timeframe for Submitting an Enforcement Request Through a Check?

The law stipulates that the enforcement request must be submitted within three years from the date the check was issued or from the date of the settlement report.