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When does a creditor freeze my bank account? Before or after a judgment?

Dear Sir/Madam,

When does a creditor freeze my bank account? Before or after a judgment?

متميز
إم بي سي ليجل كونسولتانتس
دردشة توظيف
اجتماع
11 May 2024, 10:42

Hello,

I'm Sakina Dickenwala from MBC Legal.

11 May 2024, 10:43

In the UAE, a creditor can freeze a bank account before or after obtaining a judgment against the debtor.

This is known as a precautionary attachment or a garnishment order.

Before obtaining a judgment, a creditor can request the court to issue a precautionary attachment order to freeze the debtor's bank account.

This is usually done to secure the creditor's claim and prevent the debtor from transferring or withdrawing funds from their account.

After obtaining a judgment, the creditor can request the court to issue a garnishment order to freeze the debtor's bank account. This is done to enforce the judgment and collect the debt owed by the debtor.

In both cases, the creditor must provide evidence to the court that they have a valid claim against the debtor and that there is a risk of the debtor dissipating their assets.

The court will then issue the appropriate order to freeze the bank account.

It is important for the creditor to obtain a court order before freezing a bank account.

Any unauthorized freezing of a bank account can result in legal consequences for the creditor.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 May 2024, 09:00

Dear Questioner,

The creditor files a lawsuit demanding the amount, and once the ruling is issued, the ruling enforcement file is opened and the creditor asks the judge to freeze your account within the limits of the ruling amount only.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

12 May 2024, 09:08

Hi,

Thanks for your response!

What if they freeze all my accounts? What is left for me to spend on necessities as rent and food?

Thanks!

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 May 2024, 09:46

Dear Questioner,

In the UAE, a creditor can freeze a bank account before or after obtaining a judgment against the debtor. This is known as a precautionary attachment or a garnishment order.

Before obtaining a judgment, a creditor can apply for a precautionary attachment from the court, which allows them to freeze the debtor's bank account and other assets.

This is usually done to secure the debt and prevent the debtor from transferring or disposing of their assets.

After obtaining a judgment, a creditor can apply for a garnishment order, which allows them to collect the debt directly from the debtor's bank account.

This can be done by submitting the judgment to the bank and requesting them to freeze the account and transfer the funds to the creditor.

It is important to note that in both cases, the creditor must have a valid legal basis for the debt and follow the proper legal procedures to freeze the bank account.

If the creditor fails to do so, the debtor may challenge the freeze and have the account released.

12 May 2024, 10:37

What if there are insufficient funds? How will the debtor be able to pay for other necessities like food and rent in that case?

For example, if the debt is 100k and the debtor only has 10k in their bank account, what happens in that case?

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