أسئلة وأجوبة
How can we claim our money back if the cheque we received have bounced for insufficient funds?
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
Good Morning,
As the cheque bounced due to insufficient funds, you can directly file a cheque execution case through the civil court.
For legal support, contact us.
Thank you
Dear Questioner,
Thank you for providing the details regarding your situation. I fully understand the urgency of recovering the funds, especially given your financial commitments, and I want to assure you that we are here to help you through this process.
Based on UAE law, here are the steps you should consider to resolve the matter:
File a Civil Case: Since the police have not been able to assist due to the bounced cheque being linked to insufficient funds, we can help you file a civil lawsuit to recover the amount owed.
This will be handled through the UAE courts, and we can guide you through the entire process. Although this may take some time, it is a legal and formal way to recover the funds.
Criminal Complaint for Bounced Cheque: A bounced cheque for insufficient funds is considered a criminal offense in the UAE. If the cheque amount exceeds AED 200,000, we can assist you in filing a criminal complaint.
The police will investigate the matter, and criminal charges could be pursued against the individual who issued the cheque. If you haven't already, we can facilitate the filing of this complaint on your behalf.
Mediation and Settlement: If you are open to negotiating a resolution without going to court, we can explore mediation options.
This would allow us to settle the matter outside of the courts, which can be a faster and more efficient way to recover the funds.
We have experience with such negotiations and can assist you in reaching a fair settlement.
Seizing Assets: Once we obtain a court ruling in your favor, we can assist in the seizure of assets or freezing the debtor's bank accounts, giving him a travel ban to ensure that you receive the payment owed.
Next Steps:
We strongly recommend that you work with us to initiate both the civil and criminal proceedings. We can guide you through the filing process, ensure that all steps are taken in accordance with the law, and help expedite the recovery of your funds.
Please feel free to reach out to me directly so we can discuss how we can move forward and start taking action immediately. We are committed to helping you resolve this matter as quickly as possible.
Looking forward to working with you and assisting you through this process.
Kind regards,
Mohammed Salah
Legal Consultant
Greetings,
Thank you for reaching out.
In cases of bounced cheques due to "insufficient funds," the new UAE laws allow you to file a civil claim directly to recover your money, even if the police or initial court visit did not help.
You may also be eligible to request an execution order without lengthy court proceedings, depending on the cheque amount and circumstances.
To take swift legal action and maximize your chances of recovery, we recommend you appoint our office to handle the case professionally.
Book a consultation with Future Vision for Advocacy and Legal Consultancy today, or contact us to initiate your case immediately.
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.
Dear Client,
Thank you for reaching out and sharing the details of your situation. I understand how distressing and urgent this matter is, especially given its impact on your family’s financial commitments.
Please allow me to clarify your options and the steps we can take to assist you:
1. Civil Execution Case:
Under the current UAE law, a bounced cheque due to insufficient funds is treated as a civil matter. You have the right to file a civil execution case directly with the Dubai Courts.
The bounced cheque, together with the bank’s return memo, serves as an execution deed, allowing the court to order the issuer to pay the outstanding amount.
2. Required Documentation:
To proceed, you will need:
- The original bounced cheque
- The bank’s return memo stating “insufficient funds”
- Any correspondence with the issuer regarding payment
- Your Emirates ID and contact details
3. Process and Timeline:
Once the case is filed, the court will notify the cheque issuer and require payment within 15 days. If payment is not made, the court may impose enforcement measures such as a travel ban or asset seizure.
4. Our Support:
We can assist you with preparing and filing the necessary documents, representing you at the Dubai Courts, and following up on enforcement actions to help expedite the recovery of your funds.
Next Steps:
If you wish to proceed, please let us know a convenient time for a consultation. We will guide you through the process and ensure all necessary steps are taken promptly.
We understand the urgency and will prioritize your case to help you recover your funds as soon as possible.
Please feel free to contact us with any questions or to schedule an appointment.
Best regards,
Hello,
In your situation, where a cheque has bounced due to insufficient funds and informal attempts to collect a replacement have failed, there are formal legal avenues available in the UAE to recover your money.
Firstly, you may file a civil claim for the value of the cheque before the competent civil court, based on the dishonoured cheque.
Under Federal Decree-Law No. 50 of 2022 Promulgating the Commercial Transactions Law, a cheque is considered an instrument, and if returned unpaid, the cheque holder has the right to proceed with execution directly.
A cheque drawn in the State and payable therein shall be considered an executive instrument, in accordance with the provisions of the Civil Procedures Law, and its bearer may request its compulsory execution wholly or partially, in accordance with the procedures and rules stipulated in the said Law, in the event that it is not paid for reasons related to insufficient funds.
You can proceed to open an execution case at the Execution Court by submitting the original cheque along with the bank’s return memo (stating 'insufficient funds'), and request the court to enforce the payment.
The court can issue orders for attachment on the debtor’s assets, bank accounts, or salary, as well as travel bans if necessary.
Given the urgency due to your financial obligations, I recommend you take swift legal action through the execution court to secure the recovery of the cheque amount.
The primary avenue for recovering the money now is through the civil courts. Since the Al Barsha Courts indicated they couldn't do anything at that moment, it's possible they meant they wouldn't initiate criminal proceedings.
You need to file a civil claim for the outstanding amount. You may file a cheque execution with the court. We will let you know the procedures to be undertaken. Kindly share your WhatsApp number to discuss further.
Hello,
You can file a civil claim for the value of the cheque plus any interest or damages you've incurred (like late fees or financial losses).
Even if the police can't act, Dubai Courts can enforce a civil judgment by freezing bank accounts, seizing assets, or preventing the individual from leaving the country (via travel bans in some cases).
Under UAE law, if a cheque bounces due to "insufficient funds," you can file a case in the Dubai Court to claim the outstanding amount.
You can also file a complaint with the police if there is intent to defraud or other malicious intent involved.
Our legal center specializes in these types of disputes, and you can contact us via WhatsApp for more details.
We are honored to provide you with specialized legal support for your case.
If you have any further inquiries regarding your matter, we would be happy to assist you.
