أسئلة وأجوبة
Can the owner of a company escape if there is a cheque execution and travel ban on him?
I raised a cheque execution case against a company and its owner and won. There is a travel ban on him. I was receiving installments for three months and now he stopped paying.
The court after request summoned him. In total, he paid only 30% of the owed money. I found that his company license is expired and also in the month his visa will expire.
Does he have any option to avoid payment?
Please note he was deceived by showing no money in his bank account and no assets in his name but he is running multiple businesses.
Also a month ago, he tried to convince me to lift the travel ban but I refused to do so. But he submitted a guarantee and left UAE.
Now the status shows he is back in the UAE and the travel ban imposed again. But after that, he stopped payment.
Is there a 1% chance of him not paying me the remaining money?
Is there a way he can leave the country through the Amnesty program or any of this sort?
Dear Inquirer,
Thank you for reaching out.
Based on your situation, the debtor appears to be attempting to evade payment through various means, including hiding assets and leveraging legal loopholes.
However, given that a travel ban is re-imposed, you still have leverage.
While an expired company license and visa may complicate matters, they do not absolve him from the debt.
UAE laws provide enforcement mechanisms, including asset tracing, corporate liability, and potential criminal actions if fraud is involved.
Amnesty programs typically do not exempt financial liabilities, but every case is unique.
To explore all legal options and ensure you recover your dues effectively, we strongly advise a detailed legal consultation.
Our team can assist in further enforcement measures and legal strategies. Please contact us via our website or call us directly for professional support.
Best regards,
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
Thank you for reaching out.
Since you have already obtained a judgment and a travel ban has been imposed again, the legal measures in place are strong.
However, debtors often try to exploit legal loopholes to delay or avoid payment.
Risk of Non-Payment: While you have a solid case, there is always a chance that he will attempt to avoid payment.
Since he has shown no assets in his name and is running multiple businesses, we can explore ways to trace hidden assets or prove that he is still benefiting financially despite claiming otherwise.
Leaving Through Amnesty: In general, amnesty programs apply to overstayers or individuals with immigration violations, not to those facing civil debt claims.
However, if he is attempting to misuse such a route, we can monitor and block any attempts through the legal system.
Next Legal Steps: Since he has stopped payments, we can take additional enforcement actions, such as:
- Freezing any assets or bank accounts linked to him or his businesses.
- Pursuing further execution measures, including attachment of any business revenues or accounts.
- Filing a criminal complaint if there is an element of fraud or deceit involved.
Given the complexities of this case, I strongly advise moving quickly to secure any potential recovery before he attempts to exit the UAE again.
Please reach out to me via WhatsApp or phone so we can discuss the best strategy for enforcing your full claim.
Best regards,
Suhail Rana
Dear questioner
No, Amnesty programs are for those who have no pending civil and criminal liabilities but visa violations.
He cannot use the amnesty program or cannot waive or cannot escape the liability unless he transfers his liability to someone else, which still ensures your claim until complete clearance.
If you need further clarification, kindly share your Whatsapp number.
Dear Questioner,
Since you have won the cheque execution case and a travel ban has been imposed, the debtor remains legally obligated to pay. However, his actions suggest an attempt to evade payment.
His expired trade license and soon-to-expire visa indicate he may be seeking ways to escape liability, but as long as the travel ban remains active, he cannot legally leave the UAE.
If he is running multiple businesses but showing no funds, you can request the court to investigate his financial dealings, including hidden assets and affiliated businesses.
While the risk of non-payment exists, enforcement measures such as freezing assets or initiating imprisonment procedures can compel him to settle.
The UAE amnesty program generally applies to immigration violations, not financial debts, so it is unlikely to help him escape his obligations.
You should consider requesting further enforcement actions, monitoring his movements, and investigating his financial activity.
We are ready to assist you in taking the necessary legal steps to ensure full recovery.
UAE amnesty programs typically address visa violations only, not civil or criminal liabilities.
Outstanding debts remain the debtor's responsibility, and transferring liability does not eliminate the creditor's claim until full settlement.
Dear Sir/Madam,
Thank you for providing detailed information about your cheque execution case.
I understand your concerns regarding the debtor's payment cessation and potential avenues for evasion.
Based on the current UAE legal framework and the specifics of your situation, I can offer the following professional assessment:
1. Debtor's Limited Options:
The debtor's ability to avoid payment is extremely limited under UAE law, especially given the existing court judgment and travel ban.
The expiration of the company license and impending visa expiration does not negate the legal obligation to settle the debt.
2. Travel Ban Effectiveness:
The reimposition of the travel ban after the debtor's return to the UAE demonstrates that the system is functioning as intended to enforce the judgment. This significantly restricts the debtor's ability to leave the country without settling the debt.
3. Amnesty Program Limitations:
The UAE's amnesty programs typically do not apply to individuals with outstanding legal judgments or travel bans. It is highly unlikely that the debtor could use this avenue to exit the country without addressing the debt.
4. Asset Concealment Concerns:
If the debtor is indeed operating multiple businesses while claiming insolvency, this could potentially be viewed as fraudulent behavior by the courts.
Recommended Actions:
1. File a request with the execution court to:
a) Conduct a thorough investigation into the debtor's assets, including any businesses operated through third parties.
b) Issue orders to freeze any identified bank accounts or assets.
c) Consider escalating to civil imprisonment if continued non-compliance is demonstrated.
2. Consult with your legal representative about the possibility of filing a criminal complaint for fraudulent asset concealment, if evidence supports this claim.
3. Ensure that all relevant authorities, including the Federal Authority for Identity and Citizenship, are aware of the active travel ban to prevent any unauthorized exit attempts.
4. Continue to monitor the situation closely and promptly report any new information about the debtor's financial activities to the court.
Given the robust enforcement mechanisms in place for cheque-related judgments in the UAE, the probability of the debtor completely evading payment is extremely low.
The legal system is designed to strongly favor creditors in such cases, and persistence in enforcement typically leads to successful recovery.
If you require more specific legal advice or assistance with enforcement procedures, I recommend consulting with us
Please let me know if you need any further clarification or have additional questions.
Best regards,
ABDUL WAHIED
Hello,
You should keep strong pressure on him by submitting continuous enforcement requests.
If he stops paying, you can file a request for an arrest order. As long as the execution case is active, he cannot avoid payment, and the travel ban will remain until he settles the full amount.
