Prejudgment Attachment in the UAE: Freezing a Debtor’s Assets Before Judgment

For creditors who can see a debtor preparing to leave, sell up or move money out: how the UAE courts freeze assets before anyone has won a case, what the application must contain, and the eight-day deadline that quietly destroys attachments that were granted properly.

A prejudgment attachment in the UAE freezes a debtor’s property before judgment, and it is granted on a petition without notifying the debtor first. Under Article 247 of the Civil Procedure Code the creditor must show a real risk of losing the security for the debt, or hold a document evidencing a debt of a specific amount. In Dubai the court fee is 50 percent of the fee for the underlying lawsuit, and once the order issues the creditor has eight days to file the substantive claim or the attachment is void from the start.

This guide works from Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedure Code and from Dubai Law No. 21 of 2015 concerning Judicial Fees of the Dubai Courts as amended by Law No. 2 of 2019. It covers the stage before you have a judgment. Once you hold one, the process changes completely and is covered in our guide to enforcing a court judgment through an execution case.

What a Prejudgment Attachment Actually Does

It does not give you the money. It stops the debtor disposing of a specific asset, or stops a third party such as a bank paying it out, so that the asset is still there if and when you win.

The Code calls it a Prejudgment Attachment and places it in Part Two of the Execution title, alongside garnishment and the attachment of movable and real property. That placement matters in practice: the same procedural rules for seizing and selling property apply, minus the parts about fixing a sale date, because nothing is sold at this stage.

What is a prejudgment attachment in the UAE?

A prejudgment attachment is a court order freezing a debtor’s movable or real property before a judgment exists, obtained on a petition to the court hearing the case or to the Judge for expedited matters. It preserves the asset as security. It does not transfer ownership, does not pay the creditor, and lapses automatically if the creditor fails to file the substantive claim within eight days.

The Grounds in Article 247

Article 247 opens with a general test and then lists the circumstances that satisfy it. The general test is that the creditor fears losing the security for their right. The listed circumstances are examples of that fear, not an exhaustive list, which is why the article says “such as the following circumstances.”

The fifth ground is the practical one for most commercial creditors. A signed contract, an acknowledgment of debt, a delivery note countersigned by the debtor or a bounced cheque is an “ordinary document showing the debt due,” and it converts an attachment application from an argument about the debtor’s behavior into an argument about paperwork. That distinction is worth structuring your evidence around before you file.

Article 247 also lets the court demand more before it grants anything. It may request details, evidence or statements under oath, conduct a brief investigation, or order investigations through the competent administrative authorities. Expect this where the debt is unliquidated.

The Eight-Day Deadline That Voids the Attachment

This is the provision that catches creditors who treat the order as the finish line. Article 250(2) gives the creditor eight days at most from the date the attachment decision is issued to bring a claim before the competent court to confirm their right, where the attachment was ordered by the Judge for expedited matters. Miss it and the attachment is void from the beginning, not merely lifted going forward.

A second deadline sits behind it. The attachment is also null and void if execution of the final judgment in the creditor’s favor does not start within 30 days of that judgment becoming final. Winning is not enough; the execution file has to be opened.

How long does a prejudgment attachment last in the UAE?

Until the substantive claim is decided, provided the creditor files that claim within eight days of the attachment order and opens execution within 30 days of the judgment becoming final. If a final judgment rejects the claim establishing the right, the attachment expires automatically under Article 250(3).

Where You Apply, and What the Petition Must Carry

Article 247 gives two forums: the court already hearing the action, or the Judge for expedited matters where no action is pending. Article 249 adds the detail that decides which route is available to you.

• You hold an execution writ and the debt is liquidated. The ordinary route applies.
• You hold no execution writ, or the debt is not of a determined amount. The Judge for expedited matters may order the attachment and provisionally determine the debt owed to you, on a reasoned petition. The judge may run a brief investigation first if the documents are thin.
• You are attaching real property. The petition must be accompanied by an official copy of the title deed of the property to be attached. Without it the application does not proceed.
• The claim is already before a court. The attachment order may be sought from the court hearing the action instead.

Article 248 covers a different case that is easy to miss: if you own a movable, or hold a right in rem over it or a right to retain it, you can attach it in the hands of whoever currently possesses it, by a petition giving a full statement of the movable. This is the route for recovering identifiable goods rather than money.

Garnishment: Freezing Money in the Debtor’s Bank

Attaching a bank balance is technically a garnishment, governed by Articles 252 to 263, and it is the version most creditors actually want. Any creditor may apply to the competent court or the Judge for expedited matters for a garnishment over movables of, or debts owed to, their debtor in the hands of third parties, and Article 252 expressly extends this to debts that are deferred, conditional or disputed.

Two features make it powerful. First, Article 253 states the garnishment is made without any requirement for prior notice to the debtor. Second, if the order does not name specific property or a specific debt, Article 252(2) makes it bite on all of the debtor’s movables and debts in the garnishee’s hands until the garnishee reports what it holds.

How long does a bank have to respond to a garnishment order?

Seven days. Article 253(4) orders the garnishee to report to the court that issued the order, within seven days of service, on the items in its possession. Where the garnishee is a bank, a government body or a public establishment, Article 256(2) allows that report to be made by letter within the same period.

The garnishee cannot stay silent. Article 256(3) removes two common excuses at once: not being indebted to the debtor does not excuse the report, and professional privilege does not excuse it either. Article 259 then sets the consequence. A garnishee that fails to report, reports insufficiently or inaccurately, or conceals supporting documents can have judgment entered against it personally for the full amount of the garnishment, at the suit of a creditor holding an execution writ. It can cure the default any time before pleadings close, including at the Court of Appeal, but it still pays costs and compensation for the delay.

Order the freeze correctly and the money stops moving. Article 244 and Article 245 then give both sides an exit: either party may deposit with the court treasury a sum equal to the debt and expenses, which lifts the attachment over the property and transfers it to the deposited amount.

What Cannot Be Attached

Article 242 lists ten categories of exempt property, and it applies to prejudgment attachments as well as post-judgment execution. Two entries do most of the work in practice.

The salary rule is the one that surprises creditors most. Freezing a debtor’s entire current account does not reach protected wages simply because the money has landed in a bank; the exemption follows the salary into the account and caps recovery at one quarter of it.

What a Prejudgment Attachment Costs in Dubai

Dubai’s judicial fee schedule prices the attachment as a percentage of the underlying case, not as a flat application. The base is Article 14 of Law No. 21 of 2015 as amended: 6 percent of the claim value, never less than AED 500, and capped by band.

Worked example. On a claim of AED 400,000 the first instance fee is 6 percent, which is AED 24,000, capped at AED 20,000 for that band. The provisional attachment therefore costs AED 10,000. On a claim of AED 2 million the lawsuit fee is capped at AED 40,000 and the attachment costs AED 20,000. The cost is front-loaded, and it is a real reason to consider whether a travel ban for debt, priced at a flat AED 1,000, does more work per dirham on a departing individual than an asset freeze does.

These figures are Dubai’s. Each emirate sets its own judicial fees, and federal court fees are set separately, so confirm the schedule for the court where you are filing.

How the Debtor Fights Back

Article 250(3) gives standing to three groups: the applicant whose request was rejected, the judgment debtor, and concerned parties. The grievance goes to the Judge of summary matters or the competent court, and it may attack the substance of the attachment or its timing.

Two further routes reduce rather than remove the attachment. Article 246 requires the attachment to be imposed within the limits of the debt claimed, and where the value of the attached property is out of proportion to the right, the debtor may apply to restrict the attachment to part of their property. Articles 244 and 245 allow the debtor to deposit the debt and expenses with the court treasury at any stage before an auction award, which lifts the attachment and transfers it to the deposit.

What actually happens after the order is served

The debtor typically learns of the freeze from the bank or from the execution bailiff, not from the court, because Article 253 dispenses with prior notice. Where the target is a bank account, the first visible sign is usually a declined transaction or a card failure. The bank then has seven days to write to the court. If the amount frozen exceeds the claim, the debtor’s fastest remedy is the AED 500 application to limit the attachment to specific property rather than a full grievance, since it does not require attacking the order itself.

Prejudgment Attachment, Step by Step

1. Assemble the document that proves the debt. An official or ordinary document showing a specific amount due removes the need to prove flight risk under Article 247(3).
2. Identify the asset precisely. For real property, obtain an official copy of the title deed. For a garnishment, name the bank. A garnishment that names no specific property captures everything the garnishee holds until it reports.
3. File the petition. To the court hearing the action if one is pending, otherwise to the Judge for expedited matters. Pay 50 percent of the lawsuit fee in Dubai.
4. Expect an investigation. The court may require statements under oath or a brief inquiry before granting, particularly where the debt is unliquidated.
5. Serve the order. The execution bailiff serves the garnishee. No prior notice goes to the debtor.
6. File the substantive claim within eight days. This is the step that fails most often. Missing it voids the attachment from the start.
7. Collect the garnishee report. Due within seven days of service, by letter where the garnishee is a bank or a government body.
8. Open execution within 30 days of the judgment becoming final. Otherwise the attachment is void and the security is gone.

Frequently Asked Questions

Can I freeze someone’s bank account in the UAE before winning the case?

Yes, by applying for a garnishment under Article 252 of the Civil Procedure Code. The application goes to the competent court or the Judge for expedited matters, and Article 253 states it is made without prior notice to the debtor. The bank must report what it holds within seven days of being served.

Does the debtor find out before the freeze happens?

No. Article 253 expressly removes the requirement for prior notice to the debtor in a garnishment, which is what makes the remedy effective against someone preparing to move funds. The debtor’s remedy is the grievance under Article 250(3) after the fact.

What happens if I get the attachment but do not file the case?

The attachment is void ab initio. Article 250(2) gives eight days at most from the date the attachment decision is issued to bring the claim confirming your right, where the order came from the Judge for expedited matters. The word the Code uses is void from the beginning, so the attachment is treated as never having existed.

Can a salary be attached in the UAE?

Only up to one quarter. Article 242(9) exempts salaries and wages held by an employer, and expressly keeps that exemption alive after the money is transferred to a bank account, save to the extent of one quarter of the wage or gross salary. Where claims overlap, a maintenance debt is paid first.

Can the family home be attached?

Not normally. Article 242(2) exempts the house used as a residence by the debtor and by dependent relatives living with them. The exception is where the house or the debtor’s share in it is mortgaged and the debt arises from its price, in which case it can be attached to pay that debt.

What does a prejudgment attachment cost in Dubai?

Fifty percent of the fee applicable to the underlying lawsuit, under Schedule 1 of Dubai Law No. 21 of 2015. Because the lawsuit fee is 6 percent of the claim capped at AED 20,000, AED 30,000 or AED 40,000 by band, the attachment costs at most AED 20,000 in Dubai. A grievance against the order costs AED 300.

What happens if a bank ignores a garnishment order?

The bank can be made to pay the debt itself. Article 259 allows judgment against a garnishee that fails to report, submits an insufficient or inaccurate report, or conceals supporting documents, in the amount for which the garnishment was made, at the suit of a creditor holding an execution writ. The bank may cure the default before pleadings close but still pays costs and compensation.

Can I attach property that belongs to someone else but is in my debtor’s hands?

You can do the reverse. Article 248 lets the owner of a movable, or someone holding a right in rem over it or a right to retain it, apply to attach that movable in the hands of whoever currently possesses it, by a petition giving a full statement of the item. Property genuinely belonging to a third party is not attachable for your debtor’s debts, and the third party can raise that in a grievance.

Is a prejudgment attachment the same as a travel ban?

No. An attachment freezes property. A travel ban restrains the person, and it sits in a separate part of the Code covering detention of the debtor and prevention from traveling abroad. Both can be sought before a substantive lawsuit is filed where there are serious reasons to fear the debtor’s departure, and in Dubai the travel ban is a flat AED 1,000 application.

Can I lift an attachment by paying money into court?

Yes. Under Articles 244 and 245, a sum equal to the debts and expenses for which the attachment was made can be deposited with the court treasury at any stage before an auction award. The attachment is then lifted from the property and transferred to the deposited amount, which frees the asset without conceding the claim.

Official Sources

This article references information from the following UAE government authorities and legal sources:

• UAE Legislation – Federal Decree-Law No. 42 of 2022 promulgating the Civil Procedure Code (Articles 242 to 263)
• Dubai Legislation Portal – Law No. 21 of 2015 Concerning Judicial Fees of the Dubai Courts, Articles 14 and 29 and Schedule 1
• Dubai Legislation Portal – Law No. 2 of 2019 Amending Law No. 21 of 2015 Concerning Judicial Fees of the Dubai Courts
• UAE Government Portal – Litigation procedures
• UAE Ministry of Justice

This guide is for informational purposes only and is not legal advice. Information is current as of August 2026. Article numbering refers to the English translation of Federal Decree-Law No. 42 of 2022 published on the UAE legislation portal. Court fees are set separately by each emirate and by the federal judiciary, so the figures above apply to the Dubai Courts and should be confirmed for any other forum. DIFC and ADGM operate their own procedural rules and their own interim-relief regimes, which are not covered here. Take legal advice before applying for or contesting an attachment, since a wrongly obtained attachment exposes the applicant to a claim for damages.