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Can I dispute an RDC judgment against me for unpaid rent if I never received notice?

Hello,

I vacated the premises without informing the landlord, and it has come to my attention that the landlord filed a case against me at the RDC and won, with the judgment requiring me to pay rent and damages.

However, I was not aware of this since the phone number and email address linked to my Emirates ID belonged to our company PRO, who failed to inform me. I have the following questions:

1. Can I dispute the claim that I was not aware of it since the email address and phone number that I use are different from the one on my Emirates ID? (Kindly note the 1 week for appealing after the RDC judgment has already passed)

2. If yes, then how and to whom can I file the dispute and on what basis can I file the dispute?

3. What actions can the landlord take against me, if he executes the judgment?

4. What happens if I do not pay the damages that the RDC has asked me to pay?

Thanks!

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
25 Oct 2024, 07:58

Greetings,

Yes, you can file an objection against the ruling, considering that the ruling was issued in absentia. Send the ruling document on WhatsApp and we can help you.

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 phone, WhatsApp, or email.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
25 Oct 2024, 08:03

Hello,

Yes, you can attempt to dispute the claim regarding your lack of awareness of the court judgment.

To strengthen your case, you can argue that you did not receive proper notification due to the incorrect contact information linked to your Emirates ID.

You can file a request for a review or reconsideration with the relevant court, possibly the Rent Disputes Center (RDC) or the Dubai Courts.

This is typically done through a formal application. The landlord can seek enforcement through the court, which includes freezing your bank accounts or other actions to recover the amount owed.

The landlord may take further legal action against you, which could lead to additional court fees and legal costs.

You may face a travel ban, preventing you from leaving the UAE until the debt is settled.

For further assistance, kindly share your WhatsApp number.

25 Oct 2024, 10:07

Does the freezing of bank accounts and travel ban happen if executed through the RDC, or do they have to go through the Dubai court?

How long do I have to make the payments if I wish to do so, and what happens if I delay without making payments?

25 Oct 2024, 10:08

Kindly share your WhatsApp number.

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
25 Oct 2024, 08:45

Dear Questioner,

Unfortunately, missing the appeal period makes it challenging to directly dispute the RDC judgment. However, we will check the possibility of filing an objection regarding the judgment.

If he executes the judgment, he can request to impose a travel ban in your name, and they can obtain a court order to seize funds from your bank accounts.

We will let you know how to manage the situation without incurring further losses.

Kindly share your WhatsApp number to discuss this further.

25 Oct 2024, 10:07

Does the freezing of bank accounts and travel ban happen if executed through the RDC, or do they have to go through the Dubai court?

How long do I have to make the payments if I wish to do so, and what happens if I delay without making payments?

25 Oct 2024, 10:29

Typically, the freezing of bank accounts and travel bans are initiated through the Dubai Courts, not the Rental Dispute Center (RDC).

However, the RDC can recommend such actions to the court if the tenant fails to comply with a court order or judgment.

The specific timeline for making payments will depend on the court's order. However, once a judgment is issued, you usually have a limited time to comply, often within a few weeks or months.

Failing to make payments within the specified timeframe can lead to further legal actions.

25 Oct 2024, 10:46

Thank you, Rashid, for your explanation!

So, once the order is executed from the RDC, what exactly happens?

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
25 Oct 2024, 08:51

Yes, we can make an objection and appeal for this.

Please contact us on WhatsApp for more details.

متميز
إيمان آل علي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
25 Oct 2024, 08:53

Dear Questioner,

You have a deadline of 15 days from the date of your judgment announcement to file an appeal.

However, before filing the appeal, you should consider that the appeal fees are half the amount awarded against you, which is the appeal security value.

Your claim that you were unaware of this payment is weak, as it does not exempt you from fulfilling your debt.

Regarding the issued judgment, if you do not challenge it within the legal period of fifteen days, the landlord will initiate execution proceedings against you.

This may include seizing bank accounts, commercial licenses (if you have any), and vehicles, and restricting your travel.

It is also possible that a warrant may be issued for your arrest. Finally, we must review the case file to determine if there are valid reasons for filing an appeal.

For further inquiries, kindly contact us!

25 Oct 2024, 10:07

Does the freezing of bank accounts and travel ban happen if executed through the RDC, or do they have to go through the Dubai court?

How long do I have to make the payments if I wish to do so, and what happens if I delay without making payments?

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
27 Oct 2024, 12:56

If the addresses in the case are the same as the addresses in the lease contract, the ruling is correct.

If the addresses in the case are the same as those on the ID card, the ruling is also correct, as the other party is not responsible for your failure to update your personal information on the ID card.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
27 Oct 2024, 20:46

Thank you for reaching out with your inquiry!

I understand the concerns you're facing regarding the RDC judgment, and I will try to address your questions below:

- Disputing the Claim Based on Lack of Awareness:

While the appeal window has passed, there may still be an opportunity to file a grievance (petition for reconsideration) on the grounds that you were not properly notified, especially if the contact details in your Emirates ID were outdated and your PRO failed to inform you.

However, this would require compelling evidence that you had no knowledge of the proceedings.

- Filing a Dispute:

If we can prove the notification issue, you can file a petition with the RDC to reconsider the judgment. This would typically be based on the UAE Civil Procedures Law, which allows a party to challenge judgments if they were not properly notified or were unaware of the proceedings.

We will need to submit a formal application outlining the facts and provide supporting evidence.

- Landlord's Potential Actions:

If the landlord moves to execute the judgment, he can apply for enforcement of the rental and damage payments. This could lead to measures such as freezing your bank accounts, placing a travel ban, or seizing other assets.

- Consequences of Not Paying Damages:

Non-payment could lead to the execution of the judgment through the enforcement department, which could result in the above-mentioned actions (freezing assets, travel ban, etc.).

Given the complexity of your situation and the potential consequences, I recommend addressing this as soon as possible. I would be happy to assist you in reviewing the case in more detail and exploring the options available to you.

Please feel free to reach out to me via WhatsApp, phone, or email to discuss your case further. I look forward to helping you resolve this matter.

Kind regards,

Suhail Rana

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