The Civil Procedure Law (CHAP.6)

Short title

This Law shall be referred to as the Civil Procedure Law.

CHAPTER 6
Interpretation

In this Law-

“Court” means the Court before which the action is brought, in which any application is made or any decree or warrant is issued, or the Supreme Court, or any Judge thereof respectively

“judgment creditor” means a person in whose favour a court judgment is issued ordering the payment of money

“judgment debtor” means a person against whom a court decision is issued ordering the payment of money; “judgment debt” means money awarded by court decision.

“Civil Procedure Rules of 2023” means the Civil Procedure Rules.

CHAPTER 6115(I)/2023
PART II POWERS OF THE COURT
Service of a subpoena outside jurisdiction

The Court may order that a subpoena be served outside its jurisdiction, as the said procedure is provided for in the provisions of the Civil Procedure Regulations of 2023 or otherwise by virtue of the provisions of any Law in force in the Republic or by virtue of Union law or an international treaty or any rule of private international law.

CHAPTER 6115(I)/2023
Protective custody order, etc.
4.-(1) The Court may at any time, while any action is pending before it, make an order for the custody, preservation, custody, sale, seizure or inspection of property which is the subject of the action or an order for the prevention of any loss, damage or adverse effect which might, if such order were not made, be caused to any person or property, pending final judgment in a matter affecting such person or property or pending the execution of a judgment.

(2) The order of escrow referred to above means an order appointing a person or persons to enter upon immovable property, specified in the order, which is in the possession of the person against whom the order is made, and to collect, receive and take into their hands the rents and income thereof, as well as the goods and movable property of the said person and to hold them for such time as may be specified in the order or until further order of the Court.

(3) The decree shall give the person so appointed full power to do anything ordered to be done by the decree and any thing incidental thereto and, from the service of the decree on the person against whom it was made, it shall deprive such person of all such power, save only his right to possess the immovable property held in trust, and to continue the carrying on of his business therein and to use the movable property which may be therein for the purposes of such possession and the carrying on of his business.

CHAPTER 6
Protective order restricting land transactions
5.-(1) Any Court in which an action for debt or compensation is pending may, at any time after the commencement of the action, order that the defendant be restrained from expropriating so much of the immovable property registered in his name or of which he is entitled by law to be registered as the owner, as, in the opinion of the Court, is sufficient to satisfy the claim of the plaintiff together with the costs of the action.

(2) This order shall not be issued unless it appears to the Court that the plaintiff has a good cause of action, and that the sale or transfer of the property to a third party is likely to prevent the plaintiff from satisfying any judgment that may be issued in his favor.

(3) Every order made under this section shall, so far as is practicable, specify the location, boundaries, extent and nature of the property affected by it.

(4) When an order is issued under this section, the person at whose request it is issued may file with the District Land Office of the province in which the property affected by the order is situated, an official copy of the order together with a note addressed to the District Land Officer requesting that the property not be transferred to the name of any person other than the person against whom the order was issued.

(5) The Order and the note shall be open for inspection at the office where they were filed and any subsequent transfer of the property made during the term of the order shall be void, but the remedy of any person in whose name the property so transferred shall be only a claim for compensation against the person who granted or assigned the property to him whether by sale, gift, mortgage or otherwise. The District Land Officer shall make an entry in a book kept for this purpose showing that the documents have been duly filed and shall notify the person who filed the document of the number of the entry in writing.

CHAPTER 6
Removed

(Repealed).

CHAPTER 6
Precautionary decrees issued on insufficient grounds

If it appears to the Court that an order made by it under the three preceding articles was applied for on insufficient grounds, or if the plaintiff’s action fails or judgment is given against him by default or otherwise, and it appears to the Court that there was no probable basis for the action, the Court may, if it thinks fit, on the application of the defendant, order the plaintiff to pay to the defendant such sum as the Court may consider to be a reasonable compensation to him for the expense and injury caused to him by the execution of the order.

The payment of compensation under this section shall constitute a bar to the institution of any action for compensation in respect of anything done in pursuance of the decree; any such action, if commenced, shall be stayed by the Court in such manner and on such terms as the Court shall think just.

CHAPTER 6
Court order to take testimony
8.-(1) On the application of any party the Court may, when it appears necessary for the purposes of justice, and subject to such conditions as the Court may determine, order the examination on oath before any person, and at any place within or outside the jurisdiction of the Court, of any witness or person and may give such directions as may be reasonable and just as may be necessary, and may authorize any party to produce in evidence the affidavit so taken.

(2) Any person ordered to hold an examination may take the prescribed oath and submit a special report to the Court relating to the examination and the conduct thereof in the presence or absence of any witness or person, and the Court may order such proceedings and make such order as it may think just.

(3) Upon the application of any of the parties, the Court may, if it deems it appropriate, issue a request to a foreign Court to examine a witness residing within the jurisdiction of that Court and to authorize any party to give as evidence the sworn statement of such witness which was taken before the foreign Court or before a person to whom the examination may be assigned by the foreign Court.

CHAPTER 6
Orders without notice.
9.-(1) Any Order which the Court has power to issue may be issued at the request of one of the parties, without notice to the other, as provided for in the provisions of the Civil Procedure Rules of 2023.

(2) Before issuing such an order without notice, the Court may require the person seeking it to enter into a personal undertaking, with or without a surety or sureties, as the Court considers appropriate, to secure his obligation to compensate the person against whom the order is sought.

(3) No order made without notice shall remain in force for a longer period than is necessary to give notice thereof to all persons affected by it and to afford them an opportunity to appear before the Court and make representations thereto. Any such order shall cease to have effect at the expiration of such period unless the Court, after hearing the parties or any of them, otherwise orders. Any such order shall be treated in the proceedings as the Court thinks just.

(4) Nothing contained in this article shall be construed as affecting or applying to the powers of the Court to issue writs of execution.

CHAPTER 6115(I)/2023
PART III GENERAL PROVISIONS RELATING TO ENFORCEMENT
Execution against joint property

When a judgment is against any persons jointly, execution may be ordered against any property belonging to them either jointly or severally.

CHAPTER 6
Removed

(Repealed).

CHAPTER 614/1960
Execution costs

The party who proceeds to enforce the judgment is entitled to recover the costs of enforcement unless the Court orders otherwise. The person charged with the enforcement of judgments or any other officer executing any warrant is entitled to retain the costs incurred by him or any of his representatives in the execution of the warrant.

CHAPTER 6
Disposal of the proceeds of execution.

Amounts due under a court decision and collected by execution or otherwise, pursuant to a writ of the Court, shall be paid to the Court, unless the Court orders otherwise.

Payment to the Court is made by payment to the General Accounting Office or to a Bank or to a person or persons, as may be determined by the Procedural Regulations, however, the money paid in this manner is deposited in the trust and order of the Court.

CHAPTER 6
Execution methods
14.-(1) Any judgment or order of the Court ordering the payment of money may, subject to the provisions of this Law, be enforced by all or any of the following means:-

(a) by seizure and sale of movable property

(b) by sale of immovable property or encumbrance thereof with the registration of the court decision

(d) by seizure of property in the hands of a third party under Part VII of this Law

(e) by examining the judgment debtor under Part VIII and issuing an order under Part IX of this Law.

(2) Any judgment or order of the Court for the taking or delivery of possession of immovable property may be enforced by a warrant of possession ordering the enforcement officer or other officer to deliver possession of such property to the judgment creditor.

(3) Any judgment or order of the Court for the taking over or delivery of movable property may be enforced by a delivery order ordering the person entrusted with the execution of judgments or another officer to take over such movable property and deliver it to the judgment creditor.

(4) Procedural Regulations issued by the Governor with the advice and assistance of the Chief Justice may prescribe the type of warrants of possession and delivery as well as the fees to be paid in relation thereto and regulate the procedure for the issue and execution of such warrants.

CHAPTER 6134(I)/1999
Orders for the payment of money are only enforceable under this Law.

No judicial decision or order for the payment of money shall be enforced except in accordance with the provisions of this Law.

CHAPTER 6
PART IV ENFORCEMENT BY SALE OF MOBILE PROPERTY
Debtor’s belongings excluded from enforcement

The following things of the debtor of the debt are exempt from execution:

(a) The necessary clothing of the debtor and his family and the wardrobe for its storage and the necessary beds and mattresses of the debtor and his family;

(b) the necessary utensils for the bakery and cooking of the debtor and his family, the necessary furniture, as well as a television, refrigerator, washing machine, electric or gas stove, radio, air conditioning devices, electronic computers or any device used for the study of children, as well as any medical equipment that may be used for the family;

(c) books, tools, implements, vessels and containers, computers or equipment necessary for the performance of the debtor’s profession, art, industry and trade or employment, the total value of which does not exceed ten thousand euros (€10,000);

(d) the necessary mechanical agricultural components or equipment or animals, the value of which does not exceed twenty thousand euros (€20,000);

(d1) the lowest value motor vehicle necessary for the transportation of the debtor and his family or for his work;

(e) any item which is necessary for the use of the animals or mechanical agricultural implements or equipment which are exempt;

(f) the food required to feed the exempted animals for six months;

(g) provisions for three months for the debt debtor and his family;

(h) where the debtor of the debt is a farmer, a sufficient amount of seed for the sowing for one year of all the agricultural land usually cultivated by him;

(h1) where the debtor is a livestock farmer, a sufficient number of animals to continue his business;

(i) when the debtor of the debt is a state or public service:

(i) objects, equipment and vehicles necessary for the smooth operation of any government or public service;

(ii) vehicles used by government officials for official purposes;

(iii) objects and equipment intended for essential and vital purposes for society as a whole, including equipment belonging to the armed forces and security forces;

(iv) objects of artistic, archaeological, cultural, religious and historical importance;

(v) foreign exchange reserves, bonds, financial instruments and securities, as well as deposits corresponding to expenditures provided for in a budget approved by Parliament.

For the purposes of this paragraph, “state or public service” means any service under the jurisdiction of the Republic, including the Public Education Service, the Police, the Army and the National Guard, any legal person under public law or organization under public law, including local government authorities, school boards, as well as any other organization under public law without legal personality established by law in the public interest and the funds of which are either provided or guaranteed by the Republic or the administration of which is under the control of the Republic:

It is understood that, in the event of a dispute as to the necessity or value of the said objects or things, the court shall decide upon the request of any of the interested parties:

It is further understood that, if any of the above objects or things are held under a hire purchase agreement or are subject to any other encumbrance, they are not exempt from execution, in relation only to the creditor-owner of the object or the beneficiary of the encumbrance:

It is further understood that the provisions of paragraph (i) do not apply with regard to the obligations of the Republic arising from the public debt, as defined in the Public Debt Management Laws of 2012 and 2013, as amended or replaced from time to time, and the relevant Regulations.

CHAPTER 651(I)/1999101(I)/2014
How to execute a warrant

Subject to the provisions of the preceding article, every warrant for the seizure and sale of movable property must be executed between sunrise and sunset, but the officer executing it must, if practicable, seize and take as much of the movable property of the judgment debtor as he may deem necessary to satisfy the judgment debt.

CHAPTER 6
The sale must not take place before the expiry of three days.

Property seized during execution (other than money or securities) must be sold only after at least three days have passed since the seizure, unless it is subject to deterioration or if the owner party requests this in writing. Until the sale, the property must be placed in a suitable place or may remain in the custody of a suitable person.

CHAPTER 6
The sale is usually done by auction.

Every sale of movable property in execution of a judgment shall be made by public auction, unless the Court otherwise orders in accordance with the directions which the Court may give upon the application of any interested party; however, the Court may order that the sale be carried out in such other manner as it may deem appropriate.

CHAPTER 6
Disposal of securities..
20.-(1) The securities seized during execution shall be retained by the officer who executed the warrant, as security for the amount to be collected and shall be disposed of in the manner that the Court shall order upon application by any party.

(2) The money secured by such securities, once they become payable, may be recovered by an action brought by the judgment creditor in the name of the judgment debtor, or in the name of any person in whose name the judgment debtor could bring an action for the collection thereof.

CHAPTER 6
Procedure when a claim is raised by a third party

Where movable property, seized in execution by virtue of a judgment or decree, is claimed by a person other than the judgment debtor, the person claiming or the person to whom the writ of execution is addressed may apply to the Court to determine the title to the property. The Court, after giving notice to all necessary parties to appear before it, shall summarily determine the rights of the parties or make such order as to the trial and determination of such rights as it may think fit, and as to the preservation of the property in dispute in the meantime, and in any case the Court shall order by whom the costs incurred in connection with the claim shall be paid.

When a third party claims a right on the property seized in the above manner by reason of a debt security, the Court may order the sale of all or part of the property on such terms as to the payment of all or part of the secured debt, or otherwise as it may deem appropriate, and may order that the proceeds of the sale be disposed of in such manner and under such terms as it may deem just.

CHAPTER 6
PART V ENFORCEMENT ON REAL ESTATE
Execution by sale
A land sale warrant is not issued unless the debtor has no movable property.

No warrant of execution by sale of immovable property shall be issued except with the consent of the judgment debtor, unless a warrant for the sale of the movable property of the debt debtor, issued by the Court and addressed to the officer in charge of the execution of judicial decisions of the District in which the Court is situated, has been returned to the Court unexecuted or unless it appears that the debt debtor is not actually in possession of movable property.

CHAPTER 6
Which land is subject to execution?

The real estate of the judgment debtor, which may be sold by execution, shall include only the registered real estate registered in his name in the books of the District Land Office:

It is understood that when the property consists wholly or partly of a residence or residences, such accommodation must be left or provided to the debtor which, in the opinion of the Court, is absolutely necessary for him and his family:

Provided also that, where the debtor of a debt is an agriculturist, such land as in the opinion of the Court is absolutely necessary for the maintenance of himself and his family shall be exempted from sale. This last reservation shall not apply in relation to debts incurred before the 2nd day of May, 1919, or in relation to debts payable by a present or former member of any co-operative society duly registered as such under the provisions of the Co-operative Societies Act, 1914, or any amendment thereto:

It is further understood that the immovable property of the judgment debtor which may be sold through the execution process does not include immovable property which is located in occupied areas in the Republic due to the Turkish invasion.

CHAPTER 69(I)/2024128(I)/2025
Issuance of a warrant

No warrant for the sale of immovable property shall be issued except upon application to the Court and after prior notice of the application to the debtor. Every such warrant shall be signed by the judge or one of the judges ordering its issuance.

CHAPTER 6
Duration of the warrant’s validity

Subject to the provisions of the following article, when a warrant for the sale of immovable property remains unexecuted for one year from its issuance, solely due to the non-payment of the expenses required to conduct the sale, the District Land Officer may endorse on the warrant that it has not been executed due to the non-payment of the expenses, in which case the warrant shall be returned to the Court that issued it and shall cease to have any legal force and effect.

The Court may, at any time before the expiry of one year from the date of issue of the warrant, order that it remain in force for such further period as the Court may deem appropriate.

CHAPTER 6
Decree to precede the sale of a portion of land

If the judgment debtor, whose immovable property is sought to be sold, claims that it would be in his or his creditors’ interest if part of the immovable property were sold before any other part, he must notify the Court of the claim before the end of the auction and if the Court considers that the sale of any part of the property should precede, it may order in this manner.

CHAPTER 6
Warrants ordering the sale of land in general..

A warrant for the sale of immovable property which generally orders the sale of the immovable property of the debtor of the debt, without other or further instructions, constitutes sufficient authorization for the person entrusted with the execution of court decisions and the officers of the District Land Office to sell such part of the property registered in the name of the debtor of the debt as may be considered sufficient to secure the amount due under the decision with all the costs of execution:

It is understood that the application of the provisions of this article is suspended in cases of mortgage debt, which is secured by a mortgage on immovable property located in uncontrolled areas of the Republic.

CHAPTER 6138(I)/2014
Land encumbered by a mortgage

When the property is encumbered by a mortgage-

(a) the judgment creditor may, at any time after the mortgage debt has become due, pay to the mortgagee on behalf of the judgment debtor all the money secured by the mortgage and may add the money so paid to the amount of the judgment debt; and the court, when satisfied that the money secured by the mortgage has been paid, may order the sale of the property

(b) if the mortgagee refuses to accept the offer of the money secured by the mortgage made to him by the judgment creditor, the Court may, on the application of the judgment creditor, order that the property be sold on such terms as to the payment by the judgment creditor to the Court or the securing of the mortgage debt by him in such other manner as the Court may think fit.

(c) the judgment creditor may, instead of paying or offering to the mortgagee the money secured by the mortgage, give notice to the mortgagee of his intention to apply to the Court for a warrant of sale; on such application and after the judgment creditor has furnished security satisfactory to the Court for the expenses to be incurred in or in connection with the sale, a warrant for the sale of the property may be issued, specifying the bid reserved by the Court for the security of the moneys due or to be due under the mortgage; and if there is no bid equal to the reserved bid the property shall not be sold.

(d) the amount of money received after sale under paragraph (c), if sufficient, shall be applied to the payment, first, of the amount due under the mortgage; second, of the costs of the sale; third, of the judgment debt; and the balance, if any, shall belong to the judgment debtor.

(e) if the amount so collected is not sufficient to pay the entire mortgage debt and the costs of sale, the judgment creditor shall be liable for the deficit, but may, if the Court thinks fit to so order, add the amount of the deficit to the amount of the judgment debt as enforcement costs:

It is understood that when the property is encumbered with two or more mortgages-

(a) the provisions of paragraphs (a), (c), (d) and (e) shall apply to all such mortgages, to the sums of money secured by them and to the respective mortgagees;

(b) if the mortgagee of any such mortgage refuses to accept payment of the sum of money secured by such mortgage, upon the offer thereof by the judgment creditor as provided in paragraph (a), the provisions of paragraph (b) of this article shall apply to the above mortgagee, to the corresponding mortgage and to the sum of money secured by it:

CHAPTER 6138(I)/2014
Land registered in the name of a deceased debtor does not need to be registered in the name of the heirs

Whenever a warrant for the sale of immovable property is issued for the satisfaction of a judgment debt owed by a deceased person and the property is registered in the name of the deceased in the books of the District Land Office, the Land and Survey Department shall sell the property in satisfaction of the debt without first requiring the registration of the property in the name of the heirs.

CHAPTER 6
Sale by subsequent warrant of land the sale of which was ordered by a previous warrant

Whenever a warrant for the sale of immovable property is issued, the Court may, on the application of any other judgment creditor, issue a warrant for the sale of so much of the property as remained unsold under the first warrant and may, on the same application, order that the balance, if any, after payment of any debt under the first warrant, be applied to the satisfaction of the debt due to the creditor who made the application.

CHAPTER 6
Instructions

The person entrusted with the execution of court decisions or any person executing a warrant for the sale of immovable property may apply to the Court for directions to resolve any matter which has arisen or which may arise during the course of the sale; however, the Court may in such a case give such directions as it may deem appropriate.

CHAPTER 6
Third party request for suspension of sale

Any person claiming an interest in immovable property for the sale of which a warrant has been issued may apply to the Court for a stay of the sale and the Court may, after hearing all interested parties, make such order as it may deem just.

CHAPTER 6
The sale is made by public auction.

Every sale of immovable property in satisfaction of a court decision shall be carried out by public auction at a time and place for which public notice shall be given.

CHAPTER 6
Sale notification
34.-(1) The notice shall be posted in the town or village where the property is situated, in the town or village where the sale is to be held, in the courthouse of the Court which issued the warrant of sale and in any other place or places as may be designated by the Court or by Sale Regulations issued under this Law.

(2) The notice must specify the name and place of business of the person appointed to conduct the sale, as well as the person, if any, to whom offers may be made until the time appointed for the sale.

(3) The notice must specify a period of at least fifteen days but in no case shall it exceed ninety days and must be issued at such time before the sale and notified in such manner as may be provided for by any Sale Regulations issued under this Law or in the absence thereof, in such manner as the Court may order.

CHAPTER 6
Written offers

After the publication of the notice and up to the time appointed for the sale, offers may be made in writing to any person named for this purpose in the notice of sale, provided that they are made in accordance with the Sale Regulations or, in the absence thereof, are signed by the bidder in the presence of a person appointed to receive written offers.

CHAPTER 6
After the sale

At the time and place appointed for the sale, the person appointed to conduct it or his deputy shall accept any offer made orally to him and shall close the sale in accordance with the provisions of the Sale Regulations or, in the absence thereof, when he judges from the time which has elapsed since the last previous offer, that no other offers are foreseen.

CHAPTER 6
Announcement of the last bidder

After the sale has ended, the person conducting it announces the name of the last bidder.

CHAPTER 6
Bidder’s liability
38.-(1) Every person who bids in writing or orally, unless or until a higher bid is made, shall be liable for the amount he bid, for the completion of the purchase and for the payment of all fees necessary for the due transfer of the property in his name in the books of the District Land Office; but if the last bidder, after being called upon by the person conducting the sale, neglects or refuses to pay the amount he bid or such part thereof as may be prescribed by the Regulations of Sale, as well as the fees aforesaid, the bidding shall be reopened and the property shall be put up for sale anew. The last bidder at the previous sale shall be liable for any damage which may arise from his neglect or refusal to pay the sums aforesaid.

(2) If at the subsequent sale the amount collected is not sufficient to satisfy the amount due under the judgment in execution of which the sale is being made, the amount, if any, for which the successful bidder became liable at the previous sale shall be collected by an action brought by the judgment creditor or, with the permission of the court, by the judgment debtor. Otherwise, the amount shall be collected by an action brought by the judgment debtor.

CHAPTER 6
Penalty for non-payment of auction fee

Where the person declared as the last bidder is not called upon immediately after the end of the sale by the person who conducted it to pay the entire auction price, then, if he fails to pay it within the time specified by the terms of the sale, the judgment creditor may serve on him a written notice by which he is called upon to pay the entire auction price within ten days of its service; but if he neglects or refuses, without reasonable cause, the burden of proof of which lies with him, to pay the entire auction price within the ten days aforesaid, he shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two hundred and fifty pounds.

CHAPTER 6
The Court may set a reserve price

The Court may, on the issue of a warrant, direct that the property shall not be sold unless the amount offered equals or exceeds the reserved price fixed by the Court. Any such direction may be given by the Court on the application of the person whose property is ordered to be sold and after he has secured, in such manner as the Court may approve, the payment of any additional expenses which the direction may entail. If such direction is given, the reserved price shall in any case be stated in the warrant of sale and no bid or offer shall be accepted unless it equals or exceeds the reserved price: Provided that this section shall not apply to property which is mortgaged under the law for the payment of a debt.

CHAPTER 6
Resale when the reserved price is not secured

Where the property is not sold because an amount equal to the reserved price has not been offered, if, after the lapse of six months from the close of the bidding, the property remains unsold and the creditor requests the Court to order that it be put up for sale again, the Court, unless it is proved that the debt has been satisfied, shall issue such an order and the property shall then be sold at the best price that can be secured.

CHAPTER 6
Closed-door sale

The doors of the room where the sale is being held may, at the discretion of the agent appointed to conduct the sale or his deputy, be closed to prevent anyone present at the commencement of the sale from leaving until it has been concluded by the person conducting it and has called on the last bidder to pay the auction price or such part thereof as may be payable.

CHAPTER 6
Irregularity during sale

If it appears to the Court that during the sale any omission or irregularity has been committed by which any person has actually been injured or adversely affected, the Court may annul the sale and order a new one on such terms as it may deem just.

CHAPTER 6
The sale may be suspended or the warrant may be cancelled if the highest bid is insufficient.
44.-(1) Where the highest amount offered is insufficient, then, if the debtor applies to the Court, within seven days from the day on which the offer was made, for a stay of the proceedings and proves to the satisfaction of the Court that the highest amount offered is insufficient as aforesaid, and if, after the application has been made to the Court and it is ready to deal with it, an order can be made without prejudice to the rights or adverse effect on any person other than the debtor and his creditor, the Court may order that the proceedings under the warrant be stayed or the warrant be cancelled, in respect of the property for which the highest offer is insufficient, either without conditions or on such conditions as the Court may think fit to impose.

(2) The Court shall not issue the order if it appears that the debtor or another person, with knowledge and on his behalf or in furtherance of a common purpose decided upon by him and others to adversely affect, hinder or frustrate the sale of immovable property, acted in a manner that would adversely affect the sale of the property or hinder or frustrate the submission of bids.

(3) If after the lapse of six months after the Court has ordered the stay of proceedings under the warrant or the cancellation of the warrant, the property included in the warrant remains unsold, and the creditor applies to the Court to order that it be put up for sale again, the Court shall, unless it appears that the debt has been satisfied, make such order without further court fees, and the property shall then be sold at the best price that can be secured.

(4) This section and sections 45 to 50, both inclusive, do not apply to property mortgaged under the law for payment of a debt.

CHAPTER 6
Meaning of the term “inadequate”.

An offer shall ordinarily be deemed to be insufficient within the meaning of this Law if it is less than one-third of the value of the property as recorded in the immovable property tax registers. The creditor may, however, adduce evidence before the court that the value so shown exceeds the real value of the property and the Court, after hearing such evidence, as well as any evidence adduced by the debtor in rebuttal and after hearing the parties or such of them as are present in the Court, may determine the real value of the property, and in such case the offer shall be deemed to be insufficient within the meaning of this Law if it is less than one-third of the value determined by the Court.

CHAPTER 6
Deadline for requesting suspension or cancellation

Any debtor desiring an order of the Court to stay the proceedings under a warrant of sale of any of his immovable property, or to set aside such warrant, must apply to the Court within seven days from the day on which the auction closed, and in no case shall such application be entertained after the lapse of seven days.

CHAPTER 6
Resale after suspension or cancellation of the order

When proceedings have been stayed by virtue of a warrant or a warrant has been cancelled by virtue of the provisions of this Law, any property which had been ordered to be sold may, on the application of any interested party at any time thereafter, be sold, if the Court deems it appropriate to so order.

CHAPTER 6
The suspension or cancellation should not adversely affect the creditor.

The suspension of proceedings under a warrant or the cancellation of a warrant does not transfer the claim of the creditor, at whose request the warrant was issued, to the benefit of the claim of any other creditor, but all rights against the debtor of the debt and against any other person having a claim through or against the debtor of the debt, which were acquired in favour of the creditor by the issue of the warrant in relation to the property referred to therein, remain in full force until the debt is satisfied together with interest and costs.

CHAPTER 6
When can the creditor take possession of the property?

Where the Court suspends the proceedings by virtue of a warrant or annuls it or if the highest bid is lower than the reserved price fixed by the Court, the creditor may, if he so requests and if the Court considers it appropriate, take possession of the property for a period not exceeding three years in return for an annual rent fixed by the Court:

It is understood that if any person other than the creditor offers to lease the property and provides security for the payment of the rent, the creditor is not entitled to take possession of it at a lower rent than that offered in the above manner.

CHAPTER 6
The Court may order a sale even though the creditor owns the property

Regardless of whether or not the creditor has taken possession of the property under the immediately preceding article, it may, with the permission of the Court, be sold at any time to any person who offers a sufficient price.

Except as provided above, the Court does not necessarily order the sale of the property, but orders either its sale or the continued possession of it by the creditor, as would in the opinion of the Court be more conducive to the interests of all concerned.

CHAPTER 6
Instructions in case of non-sale

If, for any reason, the property has not been sold on the day appointed for sale, the Court may give such directions for the sale thereof, as well as for advertisements and notices as it may deem proper.

CHAPTER 6
Transfer not to be registered until fifteen days after sale

No transfer of immovable property sold during execution shall be effected at the District Land Office before the expiry of fifteen days from the date on which the biddings closed.

CHAPTER 6
Land Encumbrance with Registration of Decision
Registration of a court decision

The judgment creditor may, as defined below, after registering the judgment issued in his favor in the District Land Office, make any immovable property in which the judgment debtor is beneficially interested and which is registered in his name in the books of the District Land Office, security for the payment of the judgment debt:

It is understood that a dispositive decision may not be registered at the District Land Office concerning immovable property of the judgment debtor, which is located in occupied areas in the Republic due to the Turkish invasion.

CHAPTER 69(I)/2024128(I)/2025
How to register

Registration is effected by depositing in the District Land Office of the District, where the property sought to be encumbered is located, an official copy of the judgment, together with a note dated and signed by the judgment creditor or his authorized representative for this purpose, describing the property and claiming that the interest of the debtor in it shall remain reserved for the payment of the amount due under the judgment.

The note must state the name, place of residence and profession of the judgment debtor, the type of property, the city or village within whose territory the property is located, and a reference to the place of registration of the property in the registers.

CHAPTER 6
Duration of registration

The registration of a court decision usually remains in force for only ten years from the date it was first recorded.

CHAPTER 662(I)/2014
Extension of time period
56.-(1) Registration may, from time to time, be extended by order of the Court for a period or periods not exceeding ten years in each case:

It is understood that, from the date of entry into force of the Civil Procedure (Amendment) Law of 2024, there is no right to extend the registration, in the event that the immovable property to which the registration relates is located in occupied areas in the Republic due to the Turkish invasion.

(2) No order for extension of registration shall be issued unless:-

(a) the application for this is submitted at least one month before the expiry of the existing period of time for which the court decision is registered and

(b) the Court is in a position, after hearing and considering the application and all the evidence adduced in support thereof, to make the order before the expiry of the existing period of time and

(c) the District Land Officer of the District in which the property is situated has been given notice of the application and the time appointed for its hearing, and

(d) the Court is satisfied that the judgment was not obtained in collusion or with the intention of crowding out other creditors and also that the extension of the period of registration will not adversely affect the judgment debtor or any other judgment creditor or creditors.

(3) Notice of the decree shall be given to the District Land Office by or on behalf of the judgment creditor, and at his own expense, by leaving in the office where the judgment is registered a written notice of the issuance of the decree or an official copy thereof, not later than the day on which, if the decree were not issued, the registration of the judgment would cease to have effect and in the case where only a notice is left, by also leaving in the District Land Office an official copy of the decree within fourteen days from the day aforesaid; but if the official copy or the notice and official copy as aforesaid are not left in the office in the manner aforesaid, the creditor shall be deprived of the benefit conferred on him by the decree.

CHAPTER 662(I)/20149(I)/2024128(I)/2025
Results of registration

During the term of the registration, the interest of the debtor in the property shall be charged with the payment of the debt due under the judgment in priority to all debts or liabilities of the debtor with which the property was not specifically charged before the filing of the note, and notwithstanding any transfer or mortgage made after the registration of the judgment, the property or so much of it as may be necessary to sell in satisfaction of the judgment shall be ordered by the Court at any time while the registration remains in force to be sold in execution of the judgment. The only remedy for any person in whose name it has been transferred or to whom it has been mortgaged shall be a claim for compensation against the person who transferred or mortgaged the property to him.

CHAPTER 6
Consequences of a previous declaration of transfer or mortgage

Registration of a court decision made after the execution of a declaration of transfer or mortgage does not affect in any way the interest in the property to which the declaration of transfer or mortgage refers:-

(a) the licensor or, as the case may be,

(b) the mortgagee, in priority over the mortgage declared:

It is understood that when a court decision is registered after the declaration of the transfer or mortgage but before the payment of the fees and rights which are, by virtue of the provisions of the law in force at the time, receivable upon the registration of the said transfer or mortgage, the provisions of this article shall not apply unless such fees and rights are paid on the day on which the declaration of transfer or, as the case may be, the declaration of mortgage is made.

CHAPTER 6
Notification must be given when the court order is satisfied

When a registered court decision is satisfied during the period of validity of the registration, the creditor or his authorized representative shall submit, within thirty (30) days from the date of payment of his claim, a written notification of payment together with the relevant claim to the District Land Office in which it is registered for the purposes of withdrawal of the registration:

It is understood that, after the expiry of the aforementioned period, the creditor is liable to the debtor and to any creditor of the debtor, for any damage which they or any of them may suffer due to the fact that a court decision remained registered after its satisfaction, unless he proves that the damage arose as a result of the fact that the court decision remained registered after the notification he gave to the Land Registry Office for its satisfaction.

CHAPTER 6147(I)/2024
Registrations must be made at the District Land Office

The competent officer of the District Land Office shall enter in a book, kept for that purpose, a note of the date of registration in the District Land Office of every judicial decision, and of the names, places of residence and usual occupations of all persons against whose immovable property or part thereof any decision was registered, and of the date of any decree extending the registration, and of the period for which the registration is extended by such decree.

The book must also show the name of the village in which the property is located.

The book, together with the official copies of the court decisions and the notes filed with the District Land Office under this Law, must be accessible for inspection.

CHAPTER 6
A creditor who has registered his decision may be sidelined if he does not proceed with enforcement

Where there are two or more judgments against the same debtor and in favour of separate creditors, and two or more of the creditors notify the same District Land Registry Office of the judgments issued in their favour, the Court may order that the creditor whose notification is of an earlier date than the notification of any other creditor, be set aside in favour of all or any creditors whose notifications are of a later date than his trial, and who may seek to enforce the judgments issued in their favour, unless he proceeds to enforce the judgment issued in his favour within the time limit specified by the Court.

CHAPTER 6
Disposal of the balance, when land was sold pursuant to the first registered court decision

Where two or more creditors, by registering the judgments issued in their favor, charge the same immovable property for the payment of debts due to them, and one of them has sold the property in satisfaction of the debt due thereto, if upon the sale of the property and after satisfaction of the debt and the costs of execution, any balance remains, it shall be made available, in priority to the claims of any other creditor, for the satisfaction of the debt to any other creditor who has registered the judgment issued in his favor, or if there are more such creditors, for the satisfaction of the debts due to them in the order of priority of the registration of the judgments issued in their favor.

Registration in the name of the debtor of debt for Enforcement purposes

CHAPTER 6
Registration in the name of the debtor of debt for Enforcement purposes
The judgment creditor may request the registration of land in the name of the debtor of the debt.

A judgment creditor who wishes to collect the debt due to him by a judgment by sale of the interest held by the debtor in immovable property not registered in his name or to make immovable property not registered in the debtor’s name security for the payment of the debt due to him by a judgment, may apply to the District Land Registry Office for the registration of the property in the name of the debtor of the debt and regardless of whether the debtor of the debt is alive or deceased, the registration may be made in his name in the manner provided below.

CHAPTER 6
Application is registered and available for inspection.

The application shall be registered at the District Land Office and the competent officer shall enter a note thereon in the book kept for this purpose, as well as in the book kept under article 60. The books, together with the application, shall be accessible for inspection by any person during working hours.

CHAPTER 6
Application results

When such an application is made, the interest of the debt debtor in the property shall, during the period specified below, be charged with the payment of the debt due under the judgment in priority to all debts or obligations of the debt debtor with which the property was not specifically charged before the application was made.

The property shall remain encumbered in the above manner for six months from the date on which the judgment creditor received notice under section 67 of this Law that the District Land Officer has registered or refused to register it in the name of the judgment debtor.

CHAPTER 6
The District Land Officer may register the land accordingly.

Upon submission of an application and subject to the following conditions, namely that:-

(a) an on-site examination of the property is carried out

(b) sufficient evidence is adduced of the judgment debtor’s right to such registration and

(c) all fees and charges (including advance payment of on-site examination costs) which would have been payable by the judgment debtor if the application had been made by him are paid by the judgment creditor,

The District Land Officer of the District where the property is located may arrange for it to be registered in the name of the judgment debtor:

It is understood that when the above property is registered in the name of another person, it is also required as follows-

(a) if the person is alive, his/her written consent is provided;

(b) if this person is not alive, the provisions of article 49 of the Immovable Property (Occupation, Registration and Valuation) Law shall apply mutatis mutandis.

CHAPTER 6
Notification to the creditor of the acceptance or rejection of the application

The competent Land Officer shall promptly notify the judgment creditor that he has carried out or refused to carry out the registration.

CHAPTER 6
Application to the Court in case of refusal

If the competent Land Officer refuses to arrange for the registration to be carried out, the judgment creditor may apply to the Court of the District in which the property is situated or to a Judge thereof for an order ordering the registration and in any such case he shall give the District Land Officer reasonable notice of the date of hearing of the application.

During the hearing of the application, the District Land Officer may be present and produce any evidence which he may consider essential or appropriate to bring to the attention of the Court.

CHAPTER 6
Registration order following application
69.-(1) If, after hearing the application, the Court is of the opinion that the property in question should have been registered in the name of the judgment debtor, it shall order that it be registered accordingly.

(2) Except where the District Land Officer declares that an on-site examination is not necessary, no order shall be issued for the registration of property under the provisions of this Part before an on-site examination has been carried out.

CHAPTER 6
The costs of registration are considered as execution costs.

All fees and charges (including costs for on-site examination) paid by the creditor to achieve the registration of the property in the name of the debt debtor are considered as enforcement costs.

CHAPTER 6
Request for cancellation of registration

Any interested person may request the Court to cancel any registration made under this Part.

CHAPTER 6
PART VI EXECUTION BY LAND SECURITY
Escrow warrant at the request of the debtor of the debt

After the issuance of a warrant for the sale of immovable property, upon the application of the debtor of the debt and after he has proved to the satisfaction of the Court that he owns immovable property and that the amount due under the judgment with all interest and costs payable and to become payable under it may be satisfied by the escrow of the property for a period not exceeding three years, the Court may order the escrow of the property and thereafter suspend the execution by sale.

CHAPTER 6
PART VII ENFORCEMENT BY CONFISCATION OF PROPERTY INTO THE HANDS OF A THIRD PARTY
Warrant for seizure of movable property or debts in the hands of a third party

Notwithstanding the provisions of sections 82 and 87 of Part VIII, where the judgment debtor is beneficially interested in any sum of money, security for sums of money, goods or other movable property which are in the custody or control of a third person in the Republic or where such third person is a debtor of the judgment debtor, a warrant of attachment may be issued at any time after the judgment at the request of the judgment creditor, requiring such third person to appear before the Court and be examined in relation to the property in his possession which is referred to in the warrant, and ordering him not to relinquish custody of the same in the meantime. The warrant binds the property of the judgment debtor which is in the hands of that other person for the satisfaction of the judgment debt in the manner set out below.

CHAPTER 6138(I)/2006
Service and consequences of the warrant

The warrant shall be served on the person ordered to appear before the Court and from the time of service of the warrant thereon, all sums of money, security for money, goods and movable property to which the judgment debtor is beneficially entitled either alone or jointly with others, and which at the time of service of the warrant or at any time before its removal are or may come into the custody or control of the person ordered to appear, and all debts which are or become due by him to the judgment debtor at or during the aforesaid time, shall be served to the extent that the judgment debtor has an interest in them and subject to any bona fide prior title, lien or encumbrance on them, collateral in his hands for satisfaction of the claim of the judgment creditor.

CHAPTER 6
Disobedience to the warrant

Any person on whom a warrant of attachment has been served in the hands of a third party who, without the leave or order of the Court, at any time after the service of the warrant on him and before the removal of the attachment in the hands of a third party, knowingly and voluntarily relinquishes the custody or control of any property seized in his hands or transfers it out of the Republic or sells or disposes of it or pays a debt which he owes to the judgment debtor, except only to or for the benefit of the judgment creditor, shall be deemed to have disobeyed and shall be subject to the same proceedings as if he had disobeyed an order of the Court.

CHAPTER 6
Property insurance

At any time after the service of the warrant the Court may issue any order for the safe custody of the property referred to in the warrant.

CHAPTER 6
Property under the control of a public official or Court

Property in the hands or under the control of a public officer in his official capacity is subject to seizure in the hands of a third party for the execution of a court decision with the consent of the Attorney General. Property under the control of any Court is subject to seizure in the hands of a third party by order of the Court.

CHAPTER 6
Disposal of seized property

The Court may, after hearing such persons as it may consider to be interested or after giving notice to them to appear, order that any part of the property seized in the hands of a third party, consisting of money and banknotes or a sufficient part thereof, be paid to the judgment creditor or that any part not consisting of money or banknotes be sold, to the extent deemed necessary to satisfy the judgment, and the money from the sale or a sufficient part thereof be applied to satisfy the judgment and that the warrant be discharged; or it may make such other order as it may think just; and shall make such order in respect of the expenses incurred in the making of the warrant as it may think proper.

CHAPTER 6
Execution against a third party

If a person on whom a warrant of attachment has been served in the hands of a third party fails to comply with an order of the Court issued under the warrant, the Court may order execution against him for the amount of the property seized in his hands, or for such part thereof as would be sufficient to satisfy the judgment with all the costs of the proceedings, and the execution shall be carried out accordingly.

CHAPTER 6
Third party coverage

Compliance with the decree by the person on whom it was served constitutes a valid discharge of the latter, against anyone who has a claim on the debts or property which he may have disposed of in accordance with the decree, notwithstanding that the seizure in the hands of a third party has been annulled or the judgment has been overturned.

CHAPTER 6
Suspension of proceedings against the third party

The Court may stay the proceedings in an action commenced against the person on whom a decree has been served in relation to the property seized in his hands, on such terms as it may deem appropriate.

CHAPTER 6134(I)/1999
PART VIII EXAMINATION OF THE JUDGMENT DEBTOR
Application for examination of the judgment debtor
82.-(1) Where a debt due under a judgment or order of a court remains wholly or partly unpaid (whether or not any writ of execution has been issued), the judgment creditor may apply to the Court to have the judgment debtor examined as to-

(a) With his financial situation for the purpose of issuing any of the decrees referred to in Part IX

(b) with any interest he has in any sum of money, security for any sum of money, goods or other movable property in the custody or under the control of a third person in the Republic, or in respect of any debts of a third person to him, for the purpose of issuing a warrant of attachment into the hands of a third person under Part VII; and

(c) by any donation, delivery or transfer of any asset or by any encumbrance, movement or concealment of any asset which resulted in the creditor being prevented from collecting the judgment debt or part thereof:

It is understood that for the purposes of this subsection, when examining the financial situation of the judgment debtor or decree debtor, the Court shall not take into account any amount which the said debtor receives-

(a) As public assistance under the provisions of the Public Assistance and Services Law;

(b) as a minimum guaranteed income under the provisions of the Minimum Guaranteed Income and Social Benefits Law in General .

(d) as a student allowance or sponsorship granted under the provisions of the State Student Welfare Law .

(e) as a pension under the provisions of any law which provides for the granting of a pension the amount of which does not exceed the poverty line for a single-person household which is calculated and published by the Statistical Service of the Republic and is adjusted on the basis of the equivalised income scales, depending on the composition of the family:

It is further understood that the provisions of the above reservation do not apply in the case where the debt is due pursuant to a maintenance order, which is issued in accordance with the provisions of the Regulation of Matrimonial Property Relations Law and the provisions of the Parental and Child Relations Law.

(2) The judgment creditor may, in his application (hereinafter referred to as the “application for investigation”), request the conduct of an investigation into all or any of the cases referred to in subsection (1) as well as the filing in Court of an affidavit by the judgment debtor, in which he fully describes the property in which he had or has any direct or indirect interest in accordance with the provisions of subsection (1) as well as of section 84.

(3)(a) For the purposes of this section, the Court may, if so requested in the application for investigation by the judgment creditor under subsection (2), order that the judgment debtor submit a sworn statement to the Court, in which he fully describes the property in which he had or has any direct or indirect interest in accordance with the provisions of subsection (1) as well as section 84.

(b) In the event of disposal of any assets by the judgment debtor after the creation or genesis of civil liability, he is obliged, upon request of the judgment creditor, to provide, by means of a supplementary affidavit, complete, specific and convincing evidence of the alienation or disposal of the property or part thereof, while if deemed necessary, the Court is entitled to order the judgment debtor to give instructions to a banking institution or financial organization, with notification to the Court, for the provision of information relating to the alienation, movement, transfer or return of the property or part thereof.

(4) A person who refuses or fails to comply with an order of the Court issued under subsection (3) is guilty of an offence and, in the event of conviction, is subject to the penalties provided for in section 44 of the Courts Law for contempt of Court.

(5) The provisions of this article, regarding the conduct of an investigation in the case of paragraph (b) of subsection (1), shall in no way affect the direct application of the provisions of Part VII, without a prior request for an investigation under this Part.

CHAPTER 6134(I)/1999138(I)/2006109(I)/2018
The judgment debtor is a compelling witness

The Court which is seized of an application under this Part shall have the same powers to compel the judgment debtor to appear before the Court for the purposes of an examination under this Part as it has in any civil action to compel the attendance of witnesses.

CHAPTER 6134(I)/1999
Examination
84.-(1) A judgment debtor, when appearing or being compelled to appear before a Court under this Part, shall be examined on oath by or on behalf of the judgment creditor and by the Court as to-

(a) His ability to pay the amount due

(b) the disclosure of assets that can be made available for the payment of the debt; and

(2) The judgment debtor is obliged to produce on oath or in any other manner legally considered a substitute for an oath all books, documents, contracts, statements of accounts, receipts and other similar evidence which are in his possession or under his control or in the custody or under the control of a third party and which relate to property which may or may have been disposed of for the purposes of paying the debt.

(3) Without prejudice to the generality of subsection (2), the debtor is obliged to disclose to the Court in any manner the following information:

(a) The name and address of his employer or other person who pays him wages or other amounts

(b) detailed information regarding actual or expected earnings

(d) any income from work or other sources

(e) the needs of himself and his family

(f) any other information that is necessary for the purposes of this article.

CHAPTER 6134(I)/1999138(I)/2006
Other evidence

Notwithstanding the failure of the judgment debtor to appear before the Court, the judgment creditor and all witnesses, which the Court deems necessary, shall be examined on oath or in any other manner with regard to the subject matter of the examination.

CHAPTER 6134(I)/1999
Postponement of examination and other powers of the Court
86.-(1) The Court may, if it deems it appropriate, from time to time postpone the examination of the judgment debtor and request the said debtor to give guarantees to the satisfaction of the Court to ensure his appearance at the postponed hearing.

(2) The Court may order the detention of the debtor in the event that he refuses to provide guarantees for his appearance in Court.

(3) The Court may, if it deems it appropriate, appoint any suitable person as an auditor or inspector of the property or business of any judgment debtor with such terms of reference and conditions for the conduct of the audit or inspection as the Court deems necessary to include in the order, including the remuneration of the said person.

CHAPTER 6134(I)/1999
Court Orders
87.-(1) The Court may, after examining the debtor, issue, as the case may be, one or more of the following:

A. Order to pay the debt in monthly installments;

B. Order to cancel fraudulent transfers or charges;

C. Order for deduction of earnings;

D. an order preventing the judgment debtor from disposing of, alienating or encumbering his property or part thereof;

E. a warrant of seizure in the hands of a third party.

(2) The Court shall not issue an order or warrant under subsection (1) which is not included in the application of the judgment creditor.

CHAPTER 6134(I)/1999138(I)/2006
Merge research requests
88.-(1) The Court before which an application for investigation is pending may, either ex officio or upon application by the judgment debtor, order that other pending applications for investigation, which concern the same debtor, be joined pursuant to the provisions of this article.

(2) The Court may, after conducting an investigation pursuant to the consolidated applications, issue, as the case may be, one or more of the orders referred to in subsection (1) of section 87.

(3) Subject to the provisions of Part IX, orders made pursuant to consolidated applications are subject to variation, annulment or suspension by the Court which made them.

CHAPTER 6134(I)/1999
Procedural Regulations
89.-(1) The Supreme Court may, if it deems it appropriate, issue Procedural Regulations published in the Official Gazette of the Republic for better implementation of the provisions of Parts VIII and IX.

(2) Without prejudice to the generality of subsection (1), the Rules of Procedure may regulate-

(a) The cases and conditions for the exercise by the Court of its powers under this Part;

(b) the manner of service of notices

(d) the type of applications, objections, notifications, investigation procedures and any other procedural matter.

(3) Until Procedural Regulations are issued under this article, the current Procedural Regulations shall apply with regard to applications by summons.

CHAPTER 6134(I)/1999
PART IX COURT ORDERS AND CRIMES OF DEFRAUD BY DECISION OF CREDITORS
Installment payment order
90.-(1) The Court may, if it deems it appropriate during or after the examination carried out under Part VIII, order that the debt due under the decision be paid in instalments on such dates and in such amounts as it deems reasonable and within the financial means of the debtor.

(2) An order issued under subsection (1) may be annulled, suspended or amended upon application by the debtor if he proves that his financial situation has changed substantially since the date of the last examination, as a result of which he is unable to pay the installments at the times and in the amounts specified by the Court in its order or if the court, taking into account all the circumstances put before it by the debtor, considers it appropriate or even lenient to annul, suspend or amend the order.

(3) An order under subsection (1) may also be varied upon application by the judgment creditor if he proves that-

(a) The financial situation of the judgment debtor had changed for the better since the date of the issuance of the decree or its last variation or

(b) during his examination before the Court, the judgment debtor concealed or failed to disclose the existence of material facts or circumstances determining his financial situation, which if known to the Court, the content of the decree would have been substantially different from that already issued, provided that the information about the existence of such facts or circumstances came to the knowledge of the judgment creditor after the date of issue of the decree.

CHAPTER 6134(I)/199966(I)/2004
Installments collected as a fine
90A.(1) In the event that before 15 June 2005 a decree or warrant was issued under subsection (1) of section 91, which was repealed by virtue of the Civil Procedure (Amendment) Law of 2004, for the collection of an amount of installments or and expenses as a financial penalty imposed in a criminal case, the following provisions shall apply:

(a) The decree or warrant may at any time, before or after its execution, be suspended or amended or annulled, upon application by the judgment debtor, if he proves that his financial situation has changed since the date of issue of the last installment decree or the decree or warrant under subsection (1) of the repealed article 91, as a result of which he is unable to pay the amount of the decree or warrant or if he proves any other reasonable cause justifying suspension, amendment or annulment of the decree or warrant issued under the above subsection (1),

(b) a pending application submitted under paragraph (a) of this subsection and notwithstanding the provisions of subsection (4) of section 9 of this Law and the provisions of section 32 of the Courts Law, the Court may, upon a unilateral application by the judgment debtor, order the temporary suspension of the warrant or decree, for as long as the application under the said paragraph (a) is pending,

(c) the Court may, in the case referred to in paragraph (a) of this subsection and upon application by the judgment debtor, amend the order issued under subsection (1) of section 90, if it is satisfied that the financial situation of the said debtor has changed substantially since the date of his last examination, as a result of which he is unable to pay the instalments at the times and in the amounts specified by the Court in its order.

(2) The provisions of the Legal Aid Law shall apply, insofar as they concern the procedures referred to in paragraphs (a), (b) and (c) of subsection (1) of this article:

It is understood that the Court, during the process of implementing the above Legal Aid Law, may decide to issue a certificate for the provision of free legal aid, without requiring a socio-economic report from the Welfare Office, in accordance with the provisions of paragraph (a) of subsection (1) of article 7 of the aforementioned Law.

(3) The Court before which an application submitted under paragraph (a) of subsection (1) of this article is pending may, either ex officio or upon application by the judgment debtor, order that other pending decrees or imprisonment orders, which concern the same debtor and fall within the scope of subsection (1) of this article, be joined to the application and suspended or amended or annulled in accordance with the provisions of paragraph (a) of subsection (1) of this article.

138(I)/2006
Installments collected as a fine

[Deleted]
History of ModificationsCHAPTER 658(I)/200366(I)/2004
Fraudulent acts by decision of creditors
91A.-(1) Acts of fraud by judgment creditors include, inter alia, the following actions by or on behalf of the judgment debtor-

(a) Any donation, transfer or encumbrance for the benefit of a third party of any asset of the judgment debtor, or

(b) any removal, concealment or other alienation of any property of the judgment debtor,

provided that these are made with the aim of preventing or delaying the satisfaction of the debtor’s judgment debts.

(2) The actions referred to in paragraphs (a) and (b) of subsection (1) shall be presumed, until the contrary is proven, to have been taken with the intention of defrauding the judgment creditor, regardless of whether they were taken before or after the registration of the action pursuant to which a judgment was issued the enforcement of which the said creditor seeks.

(3) Any failure to pay by the judgment debtor of the amount which is calculated as fair and within his financial means and is ordered to be paid in installments by virtue of a Court order in accordance with the provisions of article 90 may also be considered an act of fraud.

CHAPTER 6134(I)/1999
Offences of fraud by decision of creditors
91B.-(1) By judgment, a debtor who commits any act of fraud within the meaning of section 91A commits an offence punishable by imprisonment for twelve months or by a fine of one thousand pounds or by both, without prejudice to the powers of the Court to issue any order under this or any other law.

(2) Any person who accepts a donation, sale, transfer, delivery or safekeeping of any asset from a person who knows that he is a debtor and that the purpose of the above actions is to defraud his creditors within the meaning of section 91A, commits an offence punishable by imprisonment for six months or by a fine of five hundred pounds or by both these penalties.

(3) In any criminal proceedings for an offence under subsection (1), it shall be a defence for the accused to prove-

(a) In the case of a charge of fraudulent transfer or encumbrance, that the said act was made to a related person or to a purchaser in good faith and without the intention of hindering or delaying the creditor in the collection of the debt due to him by judgment; or

(b) in the case of a charge of failure to pay a judgment debt in installments pursuant to a Court order, that his financial situation has changed since the date of the issuance of the said order and that he has notified the Court thereof by notification to the judgment creditor.

(4) For the purposes of subsection (3) the following terms:

(a) “relative” means father, mother, spouse, child, grandchild, brother or sister

(b) “good faith” means-

(i) in relation to a transaction made for the benefit of a relative, a transfer or charge made for reasonable consideration, including an exchange for property of equal value, or a transfer or charge made for the purpose of the education, medical care or rehabilitation of that person, and

(ii) in relation to a transaction made for the benefit of a purchaser, any transfer or encumbrance is made for reasonable consideration.

CHAPTER 6134(I)/1999
Order cancelling fraudulent transfers, charges, etc.
91C.-(1) Any fraudulent transfer, encumbrance or other alienation of property made by any debtor may be declared void by the Court on the application of any judgment creditor of the said debtor, due regard being had to the interests of any bona fide third party. For this purpose the Court may, in its discretion, order that the application be served also on any person who may have any interest in the property which is the subject of the application.

(2) The Court, when considering an application under subsection (1), may, in making the annulment order, order that-

(a) The asset is seized and sold to satisfy the judgment debt, or

(b) if the asset is subject under any statutory provision to a registration or encumbrance, such registration or encumbrance shall be cancelled and re-registered in the name of the debtor, or

(c) if the asset is immovable property, the cancellation of the registration and re-registration in the name of the debtor is accompanied simultaneously by the registration of the judgment debt as a charge on the said immovable property with the same consequences as if it were a registration under articles 53 to 62.

CHAPTER 6134(I)/1999
Correction of entries
91D. The competent officer of the Department of Lands and Surveys or of any other public record in which certain assets are registered under any legislative provision, upon presentation of a certified copy of a decree of annulment under article 91C, shall make any necessary corrections to his records with regard to the registrations of the assets referred to in the decree of annulment.

CHAPTER 6134(I)/1999
Issuance of salary deduction orders
91E.-(1) Subject to subsection (2), an order for the attachment of earnings shall be issued following an investigation conducted by the court under Part VIII upon the application of the judgment creditor.

(2) The Court shall not issue an order for the attachment of earnings in cases where another method of enforcement is pending or in a case where a case for the commission of a criminal offence is pending under section 91B.

CHAPTER 6134(I)/1999
Consequences and content of a wage garnishment order
91F.-(1) The Court shall issue an order for the attachment of earnings in cases where the judgment debtor is an employee, which shall be addressed to the person found to be the employer of the judgment debtor and which shall be enforceable as an order against that person as follows-

(a) Makes periodic deductions and withholdings from the debtor’s earnings of the amount that the Court has calculated as reasonable and within the debtor’s ability to pay in installments; and

(b) pay the said periodic deductions and withholdings to the judgment creditor or to the competent officer of the Court at such intervals as the court may determine.

(2) Every order for the suspension of earnings shall contain-

(a) Sufficient data and information to enable the employer to verify the identity of the debtor

(b) a statement of the full amount payable under the Court’s judgment (or the balance of the debt in question) including costs;

(c) a reference to the amount which is periodically deducted from the debtor’s earnings, as well as the periods of such deductions which the Court reasonably deems appropriate, having regard to the following information regarding the judgment debtor:

(i) His earnings, actual and expected

(ii) any other income from work or other sources

(iii) expenses for the basic family needs of himself and his family

(iv) other obligations and needs.

(3) In the case of joint applications for investigation under the provisions of section 88, the Court may, after the investigation has been conducted, order that a specific amount be deducted from the debtor’s earnings, which shall be paid to the competent officer of the Court and subsequently, by instructions of the Court contained in the decree, shall be distributed by that Officer to the applicants of the joint applications in the proportions specified in the decree.

(4) For the purposes of this article-

“competent officer of the Court” means the Registrar of the Court or any other person appointed by the President of the District Court of the District in which the investigation is being conducted

“employer” means any person, including the Republic of Cyprus, who, in his capacity as an owner and not as an employee or agent, pays the judgment debtor remuneration for the provision of services by him

“employee” means a person who offers his services for remuneration under a contract of employment or under such circumstances from which the existence of an employer-employee relationship can be inferred.

CHAPTER 6134(I)/1999
Employer compliance with a wage withholding order
91G.-(1) An employer who has been served with a wage garnishment order has an obligation to comply with it without delay by making payment to the employee immediately after service.

(2) In a case where the debtor is not in his service or has ceased to be in his service after the service of the order for the deduction of earnings on the employer to whom it is addressed, the said employer must, within ten days from the date of service of the order or from the date on which the debtor ceased to be in his service, as the case may be, notify the Court of this fact.

(3) The employer, in addition to any amount referred to in the wage deduction order, is entitled to deduct an amount determined by the Court that issued the order for the purposes of covering the employer’s clerical and administrative expenses. This amount may not, however, in any case exceed 5% of the amount of each deduction.

(4) In any case where an employer complies with a wage deduction order, he shall provide the debtor with a written statement of the deductions.

(5) In the event that the employer has any doubt regarding the application and execution of a wage garnishment order, he shall apply to the Court within three days from the date of service of the relevant order on him. The application shall be addressed to the Registrar of the Court that issued the order after clearly stating the points that require clarification. The clarifications shall be given in writing and without any delay that may adversely affect the execution of the order.

(6) An employer who contravenes or fails to comply with any of the mandatory provisions of subsections (1) and (2) or fails to pay in due time the money he has deducted commits an offence and, in the event of conviction, is liable to imprisonment for a period not exceeding six months or to a fine not exceeding one thousand pounds or to both such penalties. The Court may further order the employer to pay the amounts due.

CHAPTER 6134(I)/1999
Variation, suspension or cancellation of a decree
91H.-(1) The Court may, upon application by the debtor, the creditor, the employer, or another affected person or even ex officio, order the variation, suspension or annulment of an order for the deduction of earnings.

(2) The judgment debtor may make an application if his financial situation and needs have changed since the date of the last investigation under Part VIII. The Court may grant the application if it is shown to its satisfaction that the continued deduction of the amount specified in the order would cause the debtor substantial hardship in meeting the basic living needs of himself or his family if the attachment of earnings order is not varied, suspended or set aside or for any other reason the Court considers reasonable.

(3) In cases where a wage withholding order is varied, annulled or suspended under the provisions of this article, a copy of the new order is served on the employer, with which the employer must comply.

(4) The Court may vary an order for the attachment of earnings upon application by the judgment creditor if he proves that the financial situation or needs of the debtor have changed for the better since the date of the order or its last variation.

(5) In the event that the person to whom an order for the suspension of earnings is addressed as the debtor’s employer ceases to employ the debtor, such order shall be suspended upon the employer’s application, unless the Court addresses the order to the debtor’s new employer if he is known.

CHAPTER 6134(I)/1999
Notification of changes in employment
91Θ.-(1) The debtor against whom a garnishment of earnings order has been issued must, when any change occurs in his employment (change of employer, change of earnings, termination of employment, or any other significant change), notify in writing the Registrar of the Court that issued the order, within seven days of the said change.

(2) A person who employs a debtor against whom he has information that a garnishment order is in force shall notify in writing the Registrar of the Court that issued the order that he has employed the debtor. The notification shall be made within seven days from the date of employment of the debtor or from the date on which he became aware of the existence of the order, whichever is the later. The notification shall state the amount of the debtor’s wages paid or expected.

(3) Violation of the provisions of this article constitutes an offense punishable by a fine of up to five hundred pounds.

CHAPTER 6134(I)/1999
Decree on deduction of earnings in relation to employees of public services
91I. The provisions of this Part regarding the issuance of a wage garnishment order also apply when the debtor is employed by the Republic of Cyprus, with the following differences:

(a) In the event that the debtor holds a permanent position in the Public Service or the Public Educational Service or the Police or the Armed Forces of the Republic, the decree shall be served on the Director General of the Ministry of Finance or Education and Culture, or Justice and Public Order or Defense, as the case may be.

(b) In cases where the debtor is employed as a temporary employee or under a contract, the decree is served on the Director General of the Ministry in which he works.

(d) The provisions of subsection (2) of article 91Θ shall not apply.

CHAPTER 6134(I)/1999
PART X MISCELLANEOUS PROVISIONS
Officers of the District Land Office may act in accordance with court decisions

When a court decision settles any title issue over immovable property, service of a copy thereof at the District Land Office constitutes sufficient authorization for the competent officer of the above Office to carry out all necessary registrations as a result of the court decision.

CHAPTER 6
Separation order

When a court decision orders the division of immovable property, a division order may be issued ordering that the division of the property be carried out by a Lands Officer or by any other person whom the Court deems fit to appoint for this purpose.

The Court, before issuing the decree, may require the person requesting it to deposit such amount of money as the Court deems necessary for the expenses of carrying out the separation.

The warrant constitutes sufficient authority for the officer or person to whom it is addressed to carry out the division ordered at any time after receipt of the warrant by him, whether the persons between whom the property is to be divided are present at the time the division is carried out or not.

CHAPTER 6
Enforcement of Turkish Family Courts’ Judgments

For the purposes of enforcing a judgment of a Turkish Family Court Judge ordering the payment of money or the performance of any other act or thing, the District Court may, on the application of any person in whose favour the judgment was issued, issue the same warrants and decrees as if the judgment had actually been issued by the District Court, and may suspend the enforcement of its own judgment, and shall have in relation to the judgment all the powers specified in Part IX of this Law.

CHAPTER 6
Reservation

The provisions of this Law shall not be deemed to abrogate or to restrict the right of any Court to enforce obedience to any order issued by it under the provisions of the Courts Law.

CHAPTER 6
Powers to issue Sales Regulations
96.-(1) The Governor, with the advice and assistance of the Chief Justice and the Director of the Department of Lands and Surveys, may from time to time make regulations (in this Act referred to as the “Sale Regulations”), for the regulation of-

(a) the conduct of sales of immovable property under this Law;

(b) the appointment of persons to conduct the sales

(d) the terms under which the property is to be sold

(e) the type of notice provided for in article 39 and the manner of its service.

(2) The Regulations shall be consistent with this Law and may empower the District Land Officer to give any special directions as to the manner and conditions of sale, when he considers it appropriate, but he shall not be empowered to order the conduct of any sale in a manner inconsistent with this Law.

(3) The Regulations may repeal or amend previous regulations.

(4) The Regulations are published in the Official Gazette of the Republic and come into force at a time specified therein or by a decree of the Council of Ministers published in the Official Gazette of the Republic.

CHAPTER 6
Power of the judgment creditor to protect property encumbered by a judgment.
96A. The judgment creditor who, by virtue of the provisions of Part V, has carried out an execution on the immovable property acquires, during the period during which such property is subject to such execution, concurrent and equivalent powers with the registered owner to take any civil or criminal measure against any person for the protection of the immovable property from any destruction or damage.

CHAPTER 6
Destruction or damage to property incurred
96B. Any person having any interest, whether as owner or heir, in any immovable property subject to execution under the provisions of Part V, who, during the period during which such property is subject to execution, does or orders or wilfully permits any act by which such property is destroyed or materially damaged, unless he proves to the satisfaction of the Court that he acted in the above manner without fraudulent intent, shall be guilty of an offence under this Law and shall be liable on conviction to a fine not exceeding one thousand five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

CHAPTER 6
PART XI ORDERS AGAINST IMMOVABLE PROPERTY SALE OF LAND WHEN IT HAS BEEN ENTRUSTED BY A JUDICIAL DECISION
Issuance of a warrant against real estate

Notwithstanding the provisions of article 22, warrants for the sale of immovable property may be issued at any time by order of a Judge of the District Court.

CHAPTER 6
Sale after one year from registration

Notwithstanding the provisions of this Law, immovable property may be sold for execution without the consent of the debtor or a decree of the Judge after the lapse of one year from the year in which the land was encumbered by registration of the court decision:

CHAPTER 6138(I)/2014
Procedure when the year ends

When the year referred to in the preceding article has expired, the judgment creditor, after giving notice to the judgment debtor, may apply to the competent officer of the District Land Office for the sale of the property in execution for the amount of the remaining judgment debt, and such officer shall then proceed with the sale, unless the debt debtor disputes the amount of the debt due, in which case the matter shall be referred to a Judge of the District Court:

CHAPTER 6138(I)/2014
Rights

The competent officer of the District Land Office may also sell as much of the property as is necessary to collect the rights that have arisen in that office and pay them to the judgment creditor:

It is understood that when the debt does not exceed ten pounds, the creditor shall not collect an amount of expenses greater than the amount of the debt owed to him.

CHAPTER 6
Regulations

The Governor, with the advice and assistance of the Chief Justice, may issue Regulations for the purpose of carrying out the purposes of this Part and the second proviso to article 23.

CHAPTER 6
PART XII GUARANTEES
A guarantor, when fulfilling the obligation, is entitled to assign all the collateral that the creditor has and is entitled to step into the creditor’s place and use his name if necessary, to obtain coverage.
102.-(1) Every person who is a guarantor for a debt or obligation of another or is liable to another for any debt or obligation, when he pays such debt or discharges the obligation, is entitled to an assignment, to himself or to a trustee of his trust, of any judgment, private contract or other security which the creditor has in relation to the said debt or obligation, whether or not such judgment, private contract or other security is deemed to have been satisfied in law by the payment of the debt or by the discharge of the obligation, and such person is deemed to be entitled to step into the place of the creditor and to use all remedies and if necessary, and with suitable cover, to use the name of the creditor in any action or other legal proceeding to obtain from the primary debtor or from any co-guarantor, co-receiver or co-debtor of the debt, as the case may be, cover for the payments made and the damage suffered by the person who has paid the debt, or fulfilled the obligation and the said payment or performance made by such guarantor in the above manner shall not be invoked as an impediment to any action brought by him or other proceedings:

It is always understood that no co-guarantor, co-recipient or co-debtor is entitled to collect from any other co-guarantor, co-recipient or co-debtor, in the manner mentioned above, the fair proportion of the amount for which, compared to all the others, the above-mentioned person is justly liable.

(2) The Governor, with the advice and assistance of the Chief Justice, may from time to time, under the signature and official seal of the Governor and the signature of the Chief Justice, issue Rules of Procedure for the better implementation of the provisions of this Part.

CHAPTER 6
Note
4 of Law 134(I)/99.-(1) This Law shall apply without prejudice to orders of imprisonment by decision of debtors which have been issued before its entry into force.

(2) The pending judicial proceedings for the imprisonment of debtors by decision under the repealed Part VIII at the time of the entry into force of this Law shall be repealed, and the costs incurred up to that point may be added to the costs of the relevant judicial decision and recovered accordingly.

(3) Orders for payment of debt by installments issued before the entry into force of this Law shall be considered orders for payment by installments issued under this Law.

(4) Applications for examination by decision of debtors pending at the time of the entry into force of this Law shall continue to be heard as if they were registered on the basis of the new provisions introduced by this Law.

Note
3 of Law 58(I)/2003Transitional provisions
The provisions of this Law [S.S.: namely L.58(I)/2003] also apply to decrees or warrants, which have been issued before the date of entry into force of this Law.

Note
4 of Law 66(I)/2004Repeal of article 91 of the basic law
Article 91 of the basic law is repealed on June 15, 2005.

Note
5 of Law 115(I)/2023Entry into force of this Law [S.S.: namely Law 115(I)/2023
This Law [S.S.: namely L. 115(I)/2023] shall enter into force from the date of entry into force of the Civil Procedure Regulations of 2023.

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