Imprisonment of the Debtor in Light of the Amendments to the Jordanian Enforcement Law
As part of efforts to achieve a fair balance between the rights of the creditor and the guarantees of the debtor, the recent amendments to the Enforcement Law included a set of provisions aimed at enhancing social justice and developing judicial enforcement tools.
First: Non-imprisonment of the debtor does not nullify the creditor’s right
The removal of imprisonment does not mean the creditor loses their right, as legal means remain in place such as seizing and selling the debtor’s assets, and imposing a travel ban until the debt is paid. The Draft Law specifies the cases in which imprisonment is prohibited, including:
• The couple having a child under the age of fifteen.
• The debt is between spouses, ascendants, descendants, or siblings.
• The death of the spouse or their presence in a correctional and rehabilitation center.
• The debtor is bankrupt or insolvent according to the relevant laws.
• The debt is secured by a real guarantee.
• The debt is less than five thousand Jordanian Dinars.
• If there are sufficient attachable assets to cover the debt.
Second: Reducing the duration of imprisonment
The maximum imprisonment period for a single debt shall not exceed 60 days per year, and no more than 120 days annually regardless of the number of creditors. This gives the debtor an opportunity to rearrange their financial situation and alleviates pressure on correctional centers.
Third: Judicial discretion in determining imprisonment duration
The Draft Law grants the judge discretionary power to determine the imprisonment period based on:
• The value of the amount subject to enforcement.
• The age of the debt.
• The circumstances related to the enforcement case.
Fourth: Reduction of settlement percentage to 15%
The debtor is allowed to propose a settlement by paying 15% of the debt value instead of 25%, provided that it does not cause serious harm to the creditor. Approval of the settlement remains within the judge’s discretion if the conditions are met.
Fifth: Community sanctions as alternatives to imprisonment
The Draft Law includes alternatives to custodial penalties, such as:
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- Community service: between 40 and 100 hours to be completed within a year.
- Community supervision: the convict is subject to a rehabilitation program decided by the court.
- Electronic monitoring: using an ankle bracelet with a geographic scope determined by court order.
These alternatives aim to:
• Preserve the convict’s source of income.
• Keep them within their family and social environment.
• Limit their interaction with habitual offenders.
• Reduce overcrowding in correctional centers.
Sixth: Conditions for applying community sanctions
• The convict must not have a criminal record.
• The offense must be a first-time occurrence.
• Implementation of the penalty must not cause health or social harm.
• The convict must consent to the alternative sanction.
Sanctions are implemented in cooperation with ministries and official institutions under memoranda of understanding. Monitoring reports are submitted to the judge, and in case the convict fails to execute the sanction, it may be replaced with a custodial sentence.
Conclusion
The amendments to the Enforcement Law represent a qualitative shift toward a more just and humane system. They strike a balance between the creditor’s right to recover their debt and the debtor’s dignity and livelihood, adopting modern enforcement tools that ensure deterrence while taking into account economic and social realities.
For Inquiries and Legal Support regarding the impact of these amendments on your personal case or your company’s, ALSA is pleased to provide specialized legal consultation. Feel free to contact us.
