أسئلة وأجوبة
Will I be arrested in my country if I paid the first installment for a bank loan settlement in the UAE then stopped?
Hello Legal Advice,
I had a loan amount of AED 240K and after paying some installments, the amount came down to AED 170K. I got laid off from my job in the UAE due to company acquisitions, and now I am jobless in India.
After discussions with my bank, they sent a settlement letter for AED 150K and I paid AED 25K as a downpayment by selling gold and borrowing money from my friends.
Now I cannot pay the remaining amount because of being jobless and I am the sole breadwinner.
My query is will there be any legal problem if I don't pay the remaining amount after signing the settlement letter?
Will case execution be implemented in India also?
Will I be arrested in India or will they do anything legally to me in India?
Looking forward to your valuable response.
Regards
S.
Normally, in order to enforce a document issued in the UAE in Indian jurisdiction, there are several procedures to be done.

Dear questioner
There are chances as per the new contracts and pacts signed by the governments, however, there are several difficulties as well in implementing the cases in India.
We can discuss the same and further proceed with a solution for settlement. If you need our assistance in your matter, kindly share your Whatsapp number.
If you fail to pay the remaining amount after signing the settlement letter, the bank may file an execution case against you.
If a judgment is issued, the bank could attempt to enforce it in India through legal cooperation agreements between the two countries.
However, you cannot be arrested in India for a civil debt, but your assets may be subject to attachment.
Contact us via WhatsApp for detailed legal advice and assistance in managing your situation.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
Failing to pay the remaining amount after signing a settlement letter could lead to legal consequences, including potential case execution in India through international agreements.
While you're unlikely to be arrested in India for this civil debt, the UAE bank could pursue legal action to recover the debt, potentially affecting your credit score and future financial opportunities.
It's advisable to communicate with the bank about your current financial situation and explore options for a revised payment plan or further settlement negotiation.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will be happy to help you.
Thanks & Regards,
ABDUL WAHIED
When you agreed to a settlement of AED 150,000 and paid AED 25,000 as a down payment, you essentially entered into an agreement with the bank to settle the loan for a reduced amount.
If the settlement letter specifies the terms of the payment (such as a timeline or amounts due), it's important to adhere to these terms.
Failing to pay the remaining amount could potentially violate the terms of the agreement, depending on its wording.
Since you took the loan in the UAE, the UAE laws apply to the loan contract. However, because you're now in India, enforcing a debt from the UAE in India can be complicated.
In India, you cannot be arrested for failing to repay a civil debt, including loans or settlements.
Arresting someone for unpaid debt is not a common practice in India, as it is generally considered a civil matter, not a criminal one.

Hello,
Based on the details provided, since you have signed a settlement agreement with the bank and have defaulted on the remaining amount, the bank may initiate legal proceedings against you in the UAE.
Typically, this could involve the issuance of a travel ban or other measures that could affect you if you attempt to re-enter the UAE in the future.
Regarding enforcement in India, many UAE banks have partnerships or representative offices in India, and they may attempt to recover the outstanding amount through legal channels.
The UAE and India have a mutual legal assistance treaty, which allows for the enforcement of UAE judgments in India under specific circumstances, but the bank would need to initiate legal proceedings in India to enforce such a judgment.
It is important to note that loan default is generally considered a civil matter rather than a criminal offense in both the UAE and India, meaning you are unlikely to face arrest in India solely for this reason.
However, the bank may pursue recovery through legal proceedings, which could lead to financial penalties or asset seizures if a judgment is made in their favor.
We recommend that you communicate further with the bank to explain your financial difficulties and negotiate an alternative payment plan or an extension of time to settle the remaining amount.
Thank you for reaching out with your query. I understand your concerns about the legal implications of your situation. Here's a general overview:
Impact of Not Paying the Remaining Amount: Once you sign a settlement agreement, it becomes a binding contract.
If you fail to honor the terms, the bank may initiate legal proceedings to recover the remaining amount, which can include filing a case in the UAE and potentially transferring the judgment to India under applicable treaties or laws.
Case Execution in India: Depending on the bank's actions and whether a legal judgment is obtained in the UAE, the bank may seek to enforce the judgment in India.
This involves filing a case under Indian laws for the recognition of the UAE judgment, which could lead to enforcement against your assets in India.
Arrest in India: In civil debt cases, arrest is not a usual consequence in India. However, the bank may pursue legal means to recover the amount, such as attaching assets or filing a civil recovery case.
Your situation requires a detailed review of the settlement letter, your financial circumstances, and the bank's potential legal strategy. I can assist you in understanding the legal ramifications and exploring options to protect your interests.
Please feel free to reach out to me via WhatsApp or phone to discuss your case further. I'd be happy to guide you on the best course of action.
Best regards,
Suhail Rana