Lawyers Flag Flaws In ‘salary Seizures’

The Head of the Kuwait Society of Lawyers (KSL), Adnan Abul, has raised serious concerns over the unlawful practice of seizing an entire salary to repay debts, emphasizing that such actions violate existing Kuwaiti legal frameworks. Speaking to Al-Seyassah Daily, Abul confirmed that the KSL has submitted a comprehensive legal proposal to the Ministry of Justice aimed at reforming these practices.

Proposal Aligned with Multiple Kuwaiti Laws

The proposal submitted by KSL is backed by several Kuwaiti legal provisions, including:

• Article 216 of the Civil and Commercial Procedures Law
• The Private Sector Labor Law
• The Civil Service Commission Law
• The Kuwait Army Law
• The Police Force System Law
• The Public Institution for Social Security Law

These laws collectively regulate how and when a debtor's salary can be partially seized, ensuring the protection of both creditor rights and the debtor’s family welfare.

Need to Differentiate Between Salary and Other Funds

Abul stressed the importance of distinguishing salary funds from other forms of income in a debtor's bank account. While non-salary funds may be fully seized to satisfy debts, salaries are protected under the law and can only be garnished within specific legal limits.

Confidence in Judicial Leadership

Abul expressed confidence in Minister of Justice Nasser Al-Sumait and Counselor Abdullah Al-Othman, Head of the General Department for Sentences Enforcement, commending their commitment to fair judicial processes and preventing procedural violations.

Broader Implications for Debt Recovery Practices

This initiative by KSL could set a significant legal precedent in Kuwait by formalizing procedures that balance creditor rights with debtor protections. It reflects a growing need for transparent and humane financial enforcement systems.