أسئلة وأجوبة
How can I claim the money I paid for an off-plan property due to overdelay in delivery?
Greetings to all on this helpful forum and many thanks for previous replies.
We have a pertinent question about an execution judgment against a developer in Ajman. The flat was bought in 2006 on plan. By the delivery date Dec. 2008, there were hardly 3 concrete floors.
We had paid by that time AED 155,000. We stopped paying the PDC cheques and opened a civil case. We won a judgment for execution in 2018 for payment of the whole amount plus interest plus expenses.
So far no payment and they seem to be open for business.
Does anyone here on this forum know why that is and how long this can go?
What would be the reason for this delay and are there any assurances that the amount will be paid?
Would a court order for payment remain not executed indefinitely and why?
An answer to my email address would suffice for confidentiality.
Thank you
You need to appoint a lawyer to follow up with the execution file we can assist you in expediting the execution process in a swift matter by submitting different requests to the execution judge looking for money, properties, or assets.
Once found, we can assist you in executing the due amount in addition to blocking their trade license.
The process seemed quite complicated but not for our export team as we have a specialized team who will assist you step by step providing legal guidance over the process and updating you in each stage of the execution.
We offer you the lowest charge in the market, the highest quality of legal services, and a swift timeline
You can contact us for assistance through WhatsApp.
Overview of the Situation: In the case you have described, where you have obtained a judgment for execution against the developer in Ajman but have not received payment, there are several factors that could be contributing to this delay.
It is essential to understand the legal and practical aspects involved in executing a court order for payment.
Reasons for Delay:
Financial Difficulties: One common reason for delays in payment after obtaining a court order could be financial difficulties faced by the defendant. If Sweethomes UAE is experiencing financial challenges, they may not have the immediate funds to settle the debt owed to you.
Legal Maneuvering: Companies sometimes engage in legal tactics to delay or avoid payment. This could involve filing appeals, seeking extensions, or other legal maneuvers to prolong the process.
Asset Concealment: In some cases, companies may attempt to conceal their assets or transfer them to related parties to avoid satisfying court orders for payment.
Enforcement Challenges: Enforcing a court order can be complex, especially if the defendant is uncooperative. The legal system may face challenges in seizing assets or enforcing payment if the defendant resists.
Duration of Delay: The duration of the delay in receiving payment can vary depending on various factors such as the complexity of the case, the willingness of the defendant to comply, and the efficiency of enforcement mechanisms. Unfortunately, there is no fixed timeline for when a court-ordered payment must be made.
Assurances of Payment: While there are no guarantees that the amount will be paid promptly, you can take certain steps to increase your chances of receiving payment:
Enforcement Actions: You can work with legal authorities to enforce the court order through asset seizures or other means.
Monitoring Business Activities: Keeping track of Sweethomes UAE’s business activities may provide insights into their financial situation and ability to pay.
Legal Assistance: Seeking advice from legal professionals on how best to proceed with enforcing the court order can be beneficial.
Indefinite Non-Payment: A court order for payment should not remain indefinitely unexecuted. However, delays can occur due to various reasons as mentioned earlier. It is crucial to stay informed about your rights and options for enforcing the judgment.
For further guidance on your specific case and legal options, it is advisable to consult personally with a legal expert to provide tailored advice based on your circumstances.
Dear questioner
We need to get more details on the status of the case, either need to reopen the case file and need to check the complexities in executing the execution orders against the opposing parties.
If you need further clarification, please share your Whatsapp number.
