أسئلة وأجوبة
My company has filed a case against a client for failure to pay and bounced cheque. How to follow up?
Hello.
My company has filed a case against a client for failure to pay and a bounced cheque. The client's company is registered as a virtual office in the Creative City Free Zone in Fujairah, so our case is filed there.
The client basically purchased some equipment from us, and his payment via bank transfer did not go through and was rejected. Then, when we deposited his security cheque after multiple attempts to contact and no answer, the cheque bounced.
The company is under his wife's name, and we have filed a case on the same.
The court has accepted our application, however, they have instructed the execution bureau to get the Emirates ID of this authorised signatory. The bureau is asking us to get it, and we have no way to do so, unfortunately.
Without the Emirates ID, the court cannot freeze the bank accounts or put a travel ban, etc.
What are our options here?
I hope you are doing well.
Thank you for reaching out. This is Fawzia Mohd, a lawyer and legal consultant.
In regard to your case filed in the Creative City Free Zone, if the execution court is requesting the Emirates ID of the authorised signatory and you are unable to obtain it, this can delay or limit the enforcement procedures, such as account freezing or travel bans.
Since the company is under the wife’s name, and enforcement depends on proper identification, we would need to review all documents to assess the best way forward.
To provide you with accurate legal advice and support your case effectively, we recommend you contact us directly.
You can reach us on WhatsApp or by email.
Kind regards,
Dear A.,
Thank you for your inquiry.
You do have a few options to explore, including approaching the Free Zone Authority, using public records, and engaging with the Execution Bureau for potential alternatives.
If these steps don’t work, we can pursue further legal avenues to ensure the court’s order is fulfilled.
Please let me know how you would like to proceed, and if you would like me to assist in contacting the relevant authorities or drafting formal requests.
Best regards,
Mohammed Salah
Legal Consultant
You can formally request the Creative City Free Zone Authority to provide the Emirates ID of the authorized signatory of the company registered under their jurisdiction.
Also, petition the court to issue an official letter to the Creative City Free Zone Authority, requesting their assistance in providing the Emirates ID of the authorized signatory for the purpose of executing the court's order.
A direct request from the court carries more weight and might compel the Free Zone Authority to cooperate.
While you've filed a criminal case for the bounced cheque, you should also ensure you have a civil case running concurrently for the recovery of the debt.
Even if freezing accounts and travel bans are delayed, a civil judgment can be enforced against any assets found later. If you need further assistance or clarification, kindly share your WhatsApp number.
Dear Client,
Thank you for your inquiry regarding the execution case filed against a client in Fujairah's Creative City Free Zone. Below, I have outlined your options, given the court's requirement for the Emirates ID of the authorized signatory.
1. Court's Requirement for Emirates ID
The court has instructed the execution bureau to obtain the Emirates ID of the authorized signatory to proceed with enforcement measures, such as freezing bank accounts or imposing a travel ban. Without this document, enforcement actions are limited.
2. Options to Address the Situation
A. Request Assistance from the Free Zone Authority
- Contact Creative City Free Zone and request their assistance in providing details about the authorized signatory, including their Emirates ID.
- Free zones maintain records of registered companies and their authorized representatives, which may help in fulfilling the court's requirement.
B. Engage a Private Investigator
- Hire a licensed investigator or legal consultant to locate information about the authorized signatory, including their Emirates ID details.
- Ensure that any investigation complies with UAE privacy and legal regulations.
C. File a Motion with the Court
- Submit a formal application to the court requesting alternative measures if obtaining the Emirates ID is not feasible.
- The court may allow other enforcement actions, such as attaching known bank accounts or assets of the company.
D. Explore Central Bank Assistance
- Request that the court instruct the UAE Central Bank to search for bank accounts linked to the company or its authorized signatory.
- This process can be lengthy, but it may provide actionable information for enforcement.
3. Practical Considerations
- Ensure all documentation related to the bounced cheque and payment failure is complete and submitted to strengthen your case.
- Maintain detailed communication records with both the free zone authority and court officials.
How We Can Assist You
Our firm specializes in execution cases and can assist with:
1. Liaising with Creative City Free Zone to obtain the necessary details.
2. Filing motions with the court for alternative enforcement measures.
3. Representing you during execution proceedings to ensure compliance and expedite resolution.
Should you require further assistance, please contact us for a consultation, and we will provide tailored solutions to address this matter efficiently.
Best regards,
Dear Inquirer,
Thank you for your message.
In such cases, when the execution bureau requires the Emirates ID of the authorized signatory and you are unable to obtain it, there are still legal alternatives available.
For example, we may request the court to issue an official letter to relevant authorities (such as the free zone or immigration) to obtain the required information.
Additionally, if the company is under the wife’s name, it is essential to determine whether she or the husband signed the cheque, as this affects who can be held liable both civilly and criminally.
To proceed effectively and explore all enforcement options (such as account freezing or travel bans), we recommend appointing our firm to represent you.
Please book a consultation with Future Vision for Advocacy and Legal Consultancy so we can guide you through the next steps and take immediate legal action on your behalf.
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.
Under UAE law, if obtaining the Emirates ID of the authorized signatory is not possible, you can approach the court for assistance in finding alternative ways to present this document or proceed with the case.
This might include requesting additional information from the relevant authorities or the court to facilitate the enforcement process.
Our law firm specializes in these cases, and you can contact us via WhatsApp for further legal support.
Dear questioner
Even without the Emirates ID, explore the possibility of identifying and freezing any assets belonging to the company itself.
This might include bank accounts, business licenses, or other property. If you have any records of previous interactions (emails, documents), carefully review them for any details that could help identify the authorized signatory.
If you need further clarification, kindly share your WhatsApp number.
