Legal Showdown Over Salary Seizure, Court To Decide On Income Protection

The Kuwaiti citizen has filed a legal case to challenge the decision of the General Administration of Enforcement to permanently withhold his salary, citing severe consequences for him and his family.

Recent Amendments to the Civil Procedure Law

The case follows recent amendments to the Civil Procedure Law (Law No. 59 of 2025), which aim to address procedural flaws and enhance enforcement mechanisms.

Key Goals of the Civil Procedure Law Amendments

• Encourage solvent debtors to fulfill financial obligations.
• Address the situations of insolvent individuals in a more balanced manner.

Legal Debate Over Full Salary Seizure

The decision to seize an individual’s entire salary has sparked legal debate, especially when the salary is the debtor’s only source of income.

Article 216 of the Civil and Commercial Procedures Code

Under Article 216, no more than 25% of a salary may be seized. The full salary seizure has raised questions about the legality of such an action.

Lawyer’s Perspective on Salary Seizures

Lawyer Khaled Al-Suwaifan emphasized the need to differentiate between salary income and other funds, especially once salary funds are deposited into a bank account. He pointed out that, unless clearly proven, salary funds lose their legal protections if commingled with other resources.

Legal Solutions and Judicial Remedies

For those in similar situations, legal experts have outlined two primary remedies:

1. Request to the Enforcement Judge

Debtors can present evidence that the funds in the bank account originate solely from salary payments, which may allow negotiation with the creditor.

2. Filing an Urgent Lawsuit

Alternatively, a debtor may initiate a lawsuit to annul the seizure, provided they can prove that the account balance consists entirely of salary income, in compliance with the Civil Procedure Code’s 25% cap.

Possible Legal Precedent

The outcome of this case could set an important precedent for the enforcement of salary seizures under the new amendments to the civil law.