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Recovery of small amount from the debtor

We had rented out 2 x ISO tank containers to a local company in Dubai, who used it for transportation and storage of White Spirit and/or Ethanol. The rent rate was US$13/tank/day and they stopped paying for many months. After repeated emails, and constant pressure and personal visits, they returned the ISO tanks in damaged condition. Now the total unpaid rent, transportation cost and damage cost, is approx. AED 25,000 total.

What is my legal remedy? What are my options? Will it be worth it to litigate? What is your advice?

Thanks.

كوشار أند كو إنك. مستشارون قانونيون (فرع دبى)
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22 Feb 2017, 08:11

I understand your concerns. Litigation for a small amount is not cost effective. However, you have an option to solve your dispute through mediation and this way the relation between parties will not turn sour.

Mediation:

Mediation is a flexible process and a cost-effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement.

ROLE OF A MEDIATOR: The role of the mediator is to help parties reach an amicable solution to their problem and to arrive at an agreement that both parties are happy to accept. Mediators do not take sides, or issue a judgment or give any guidance. They simply develop effective communications that build consensus between the parties resulting in a settlement agreement agreeable to both parties.

MEDIATION PROCESS: Mediation is a voluntary process and will only take place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach an agreement, they can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing.

COST: Both parties share the cost of mediation, which will depend on the value and complexity of the claim.

DISCLAIMER: This is a generic material which has been prepared for informational purposes only. There is no effort or intention to solicit new clients or new engagements from existing clients by way of this website and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. There is no engagement between potential client/s and our law firm in the absence of any formal engagement agreement and documents for review and our firm declines any responsibility as to the cost and consequences.

Best regards,

Mrs. Nikhat S Khan (ACIArb)

Mob: +971 50 88 555 99 / Mail: nikhat@kochhardubai.com

22 Feb 2017, 08:19

Thanks, Mrs. Nikhat.

The party is even refusing to attend phone calls or reply to our emails.

They know that we don't have much option as we don't hold any of their cheques, and also that the amount is small so litigation might not be cost effective. So I fear it might not be possible to get them to agree for mediation.

In this case, what are my options? If I litigate, what's the best case scenario? Is there a way to "scare" them with impending court proceedings and cost associated with it? They wouldn't want to go to court for just AED 25,000 either, would they? How do I go about it? And how can your company/you help?

22 Feb 2017, 08:21

A call from you and from a law firm makes a huge difference. You have to try. You can even send them a legal notice (from a law firm).

22 Feb 2017, 08:24

Thanks. How much would a legal notice cost?

22 Feb 2017, 09:12

AED 500 to 2000/- depending on the reputation and experience of the law firm.

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