أسئلة وأجوبة
Recovering funds from a bounced check issuer who is abroad but still receiving a salary in the UAE
Hi,
I filed a case in the UAE over a bounced check for 100k AED. A judgment was issued against the check issuer, along with a travel ban.
The problem is, the person has already left the UAE but is still receiving a salary in the UAE, paid into the same bank account the check was issued from (20k per month).
Is there a way to deduct from their future income, or do I have to wait until they attempt to re-enter the country?
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE law, a travel ban can be imposed on a person who has a financial case against them, such as a bounced check.
This means that the person will not be able to leave the country until the case is resolved.
In your case, since the person is already out of the country, the travel ban may not be effective.
However, you can still take legal action to recover the amount owed to you. This can include filing a case for the enforcement of the court judgment and requesting for the person's salary to be garnished.
Under UAE law, a creditor can request for a court order to garnish a debtor's salary if they have a valid court judgment against them.
This means that a portion of the debtor's salary will be deducted and paid towards the outstanding debt.
You can also request a court order to freeze the debtor's bank account in the UAE, which will prevent them from accessing their salary. This can be done even if the person is not in the country.
It is important to note that the process of garnishing a debtor's salary or freezing their bank account can take some time and may require the assistance of a lawyer.
It is advisable to seek legal advice from us and take the necessary steps to recover the amount owed to you.
Kindly do not hesitate to reach out to us at [-------] for further guidance.
Greetings,
Hello,
You can request the court to attach or freeze the debtor’s bank account in the UAE.
If the debtor’s salary is deposited into a UAE bank account, you can ask the court to direct the bank to use funds from that account to settle the outstanding amount.
This typically requires a court order.
For further assistance, kindly share your WhatsApp number.
Dear Questioner,
No need to wait until he enters the country. Since you already have a judgment in your favor, you can request the court to block his bank account.
If you need further clarification, kindly share your WhatsApp number.
You should submit a request to the court in order to issue a decision to freeze his bank accounts.
Thank you for reaching out regarding your bounced check case!
It’s good to know that a judgment has been issued and a travel ban imposed.
Since the individual is still receiving a salary in the UAE, there are potential ways to enforce the judgment by attempting to garnish or seize future income.
You can apply for a garnishment order directed to the employer or the bank holding the account to ensure that a portion of their salary is withheld to settle the amount owed.
This would typically require additional steps in the enforcement phase of the judgment, which may involve approaching the court for the necessary orders.
However, enforcement can be complex when the person is not physically in the UAE, and each case needs to be evaluated on its specific circumstances.
I recommend we discuss this further to explore the best approach tailored to your situation.
Please feel free to reach out to me directly via WhatsApp or phone at [-------] to schedule a consultation. I look forward to assisting you.
Best regards,
Suhail Rana
Greetings,
Yes, you can submit an execution request and submit an executive request to seize bank accounts to deduct your debt from his bank account.
We are honored to provide you with legal support.
For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.
Dear Questioner,
There are mechanisms available for recovering debts in cases involving bounced checks in the UAE.
However, your options may be limited by factors such as jurisdiction and the debtor's physical presence within UAE territory.
Immediate actions like garnishing wages may not be feasible while they are abroad; however, freezing bank accounts or waiting for their return could provide alternative routes for recovery.
The best course of action would involve consulting with legal professionals who can assist you based on current laws and regulations specific to your case.
Please contact us via phone or email for further assistance.
Hello,
Regarding the bounced cheque case, although the criminal judgment and travel ban have been imposed, the fine in such cases is typically payable to the state, not to the individual creditor.
To recover the cheque amount (100,000 AED), I would advise filing a civil case to pursue recovery from any assets or income the individual has within the UAE.
Since the person is still receiving salary payments to the same bank account, a civil case could allow for measures to be taken against their income or other assets within the UAE.
This would enable you to recover your money without waiting for them to re-enter the country. Filing the civil case is essential, as the criminal proceedings alone will not recover the funds for you.
Best regards,
Omar Mosaad
Dear Questioner,
If you have filed a civil claim case, then you need to follow up to ensure that the judgment goes to execution.
Once it is in execution, any property, assets, or bank accounts will be frozen until the amount of the cheque is paid.
Thank you!
