أسئلة وأجوبة
What can I do if my rental case judgment came with way higher amount than the original amount?
I have a case related to rent where I had to pay 5,555 and 9,600 for the month (01/02/2023) that we stayed till the evacuation date (01/03/2023) plus the court fees. The total amount is 17,350.
Then he filed an execution order on (09/03/2023) and I received a document with the details, so I had 2 weeks to pay it off but I didn’t so they issued a letter to arrest the defendant on (30/03/2023) then on (09/11/2023) they issued a travel ban, I’m planning to pay it off now in installments.
However, when I went to check for the amount now it says I have to pay 34,000. They included the 5,555 plus the court fees and they calculated the amount of the rent from 14/12/2022 to 01/03/2023 which equals 24,618.
However, that doesn’t make sense because I only have to pay 15,155, excluding court fees, as stated in the letter I received on 09/03/2023.
So what do I do?
Do I have to appeal?
Dear Client,
Thanks for your question!
I hope you are doing well. I will assist you in this matter.
The significant increase in charges from 17,350 to 34,000 requires immediate professional investigation.
You should request a detailed breakdown of additional charges, verify the calculation method, and obtain official documentation.
.Key actions include challenging the charges through RDC, filing an objection to the fee calculation, and requesting a comprehensive audit of rental and court fees.
The substantial jump in amount demands thorough scrutiny to ensure the calculation's accuracy and fairness.
To proceed effectively, gather all original execution notice documents and prepare a comprehensive timeline of payments and notices.
Consult with us to help you navigate the complexities of the execution process. Consider proposing an installment plan with official documentation and be prepared to formally challenge the additional charges within the legal timeframe.
Your right to object and seek clarification is critical in resolving this financial dispute.
Thanks & Regards,
ABDUL WAHIED
Hello,
You can file an appeal. However, you must do so within a specific timeframe after receiving the judgment or the execution order.
In general, you have 15 days from the date of the court’s ruling to file an appeal. After filing an appeal, the court will review your appeal petition and the evidence provided.
If the court finds merit in your case (such as the existence of errors in the previous ruling), they may schedule a hearing.
Dear Questioner,
Thank you for your inquiry.
Based on the details you've provided, it seems that there is a discrepancy between the amount stated in the initial execution order and the current amount being demanded by the authorities.
To address this issue effectively, here’s an outline of your situation and the possible steps you can take:
1. Initial Payment Obligation and Discrepancy:
Initial Amount: According to the document you received on 09/03/2023, the total amount was AED 17,350 (including court fees).
Current Demand: The current amount you were quoted is AED 34,000, which includes the previous 5,555 AED and additional charges related to the rent between 14/12/2022 to 01/03/2023 (AED 24,618).
It appears that the authorities have added more rent charges to your outstanding debt, beyond what was originally stated.
This could be due to additional calculations made after the execution order was issued or due to further rent owed beyond the evacuation date.
2. Possible Reasons for Increased Amount:
The extra charges of AED 24,618 may be due to unpaid rent for the period between 14/12/2022 and 01/03/2023, which may not have been clearly reflected in the initial documentation.
Late Payment and Accrued Fees: Court fees, late fees, or other penalties for non-payment could have accumulated, causing the total amount to increase.
You should closely review the documents from both the court and the landlord to ensure that the additional charges (AED 24,618) are valid and accurately calculated.
3. Steps You Can Take:
a. Clarification from the Court:
First, contact the court or the relevant authority to ask for a detailed breakdown of the new amount (AED 34,000) to understand how these additional charges are calculated.
If the new amount includes charges that were not previously part of the debt (such as additional rent or late fees), ask for clarification on why they are now being added and why they were not included in the original execution order.
b. Payment in Installments:
If you are planning to pay in installments, you should approach the court and request a formal agreement for a payment plan. Many courts in the UAE allow debtors to pay off outstanding amounts in installments, but it requires approval.
c. Appeal (if necessary):
If you believe that the additional charges (such as the extra rent or fees) are incorrect or unfair, you may have grounds for an appeal.
This should be done promptly, as you may be required to submit evidence of the discrepancies between the documents you received and the current demand.
If an appeal is necessary, your lawyer can assist you in filing an appeal to the execution court or the relevant higher authority to challenge the increased amount.
d. Travel Ban:
If you have a travel ban in place, you should prioritize addressing this issue and seek to resolve the payment as soon as possible to have the travel ban lifted.
4. Final Recommendation:
Given that the amount has increased and there is confusion around the calculation of the debt, I recommend the following:
Contact the court or execution office immediately to obtain a detailed explanation of the new amount.
If there are any discrepancies in the charges, you should appeal the increased amount or challenge it with evidence.
If you are able to confirm the validity of the increased debt, you can arrange a payment plan and request the lifting of the travel ban.
If you need assistance with drafting an appeal or negotiating the payment terms, I am here to help.
Best regards,
Mohammed Salah
Legal Consultant
Greetings of the day,
Start by reviewing the execution file to understand the reasons for the increased amount.
If you believe the charges are incorrect, file a grievance with supporting evidence.
If the amount is valid, propose a payment plan to avoid further legal consequences.
Best regards
Sara Al Saedi Advocates and Legal Consultants
According to UAE law, if the amount is incorrectly calculated or includes an amount that should not be paid, you can file an objection with the court or approach the execution department to clarify the error in the calculation.
You can request an appeal or correction of the amount, especially if the fees are inconsistent with what was agreed upon.
If you need specialized legal advice and assistance on this matter, feel free to contact us via WhatsApp. We offer the appropriate legal solutions for rental disputes and execution cases.
Request an official clarification from the court regarding the total amount.
If there is an error, file an objection to the implementation.
If you are unable to pay in full, submit an installment request.
For assistance, please contact us via phone or WhatsApp.
