Procedures for frozen imprisonment

Procedures for frozen imprisonment
First: The legal basis for the imprisonment case
Article 26 bis of Law No. 1 of 2000, as amended by Law No. 21 of 2000, states:
If the convicted person refuses to implement the final judgment issued in the expenses and wages lawsuits and the like, the convicted person may refer the matter to the court that issued the judgment or in whose district the execution is taking place, and when it is proven to it that the convicted person is able to perform his judgment and ordered him to pay and did not comply with a ruling of his imprisonment A period of not more than thirty days, and if the convicted person has paid a judgment against him or brings a guarantor who is accepted by the judgment issued in his favor, then he will be released and that is all without prejudice to the right of the convicted to the execution by ordinary methods

Second: Conditions for imprisonment.
1- That the judgment was issued in an article of expenditures or wages and the like.
9- That the judgment is final, “appealed, or the dates of its appeal have expired”
2- That the convicted person refrain from executing the judgment after it is proven that he has announced the final judgment.
4- That the plaintiff prove that the defendant - the convicted person - is able to pay his judgment by all means of proof.
The case is referred for investigations, not this time to prove the husband's income, but to prove his ability to pay out of nothing.
5 - That the court order the person obligated to spend and refrain from it if he is present or instructing the wife to announce the order of payment if he is absent, after proving to the court his ability to pay.
Third: The papers needed to file a case of imprisonment
The executive form of the final judgment.
* Positive / negative appeal testimony.
* Items of the husband's salary or what proves his ability to pay.
* A copy of the student card.
* Child birth certificate.
* The lawsuit's petition specifying the settlement number and the abstention period obtained from the husband.
A statement of what was done in the settlement.
* Declare the divorce if she is divorced.

Fourth: Procedures for filing a case of imprisonment
. A: Resorting to the settlement office
 A settlement request is submitted + a copy of the student's card + a copy of the children's birth certificate + a copy of the attorney's power of attorney with the card.
* Determine a session that the wife knows, and the husband announces it to attend. If he attends, settlement is completed and alimony is paid, this is written in the session minutes.
* If he does not attend, this shall be recorded in the session minutes and the student is given a statement that reconciliation is not possible.
* The lawsuit shall be filed 12 days after the date of the settlement request
B: Deposit the case to the court clerk's office
* Writing the petition and pasting the legal stamp on it
* A folder of documents in which a copy of the executive version is placed + negative / positive appeal certificate + birth certificate of children + for re-settlement or settlement information
* Presenting to the head of the legal registry to mark the settlement information.
* Refer to the head of the legitimate office to estimate the fee, then pay the storage.
* Imaging in microfilm.
* Photography of the petition photos.
* Go to the legitimate schedule to determine the session and register it in the schedule.
* Heading to the pen head to stamp the petition.
* Go to the legitimate schedule to acknowledge receipt of the petition.
* Going to the registrar to announce the petition.
* Receipt of the petition announced before the session.
Fifth: Procedures for examining the detention case before the judiciary.
* Submission of the petition announced at the first session.
* If the husband attends, he is ordered to pay. If he does not attend, the announcement is postponed.
* If he appears after repeating the announcement, he is ordered to pay, and if he does not attend, the announcement is postponed with the payment order.
* If the husband pays, the lawsuit will be canceled, and if he does not pay, it will be judged for no more than 20 days
Sixth: Implementation procedures in the case for imprisonment.
* First, the executive formula is extracted.
* Secondly, the defendant and the enforcement agency shall be notified in the executive form.
* Third: Execution from the implementing agency that is entrusted with execution.