Questions & Answers
I left the UAE with an unpaid loan and the bank presented my security cheque. Is this legally accepted?
Dear Sir,
Warm greetings.
In 2019, I obtained a loan of AED 260,000 from a bank and have since repaid approximately AED 96,000. Due to the COVID-19 pandemic, I lost my job and was unable to continue payments.
The bank later bounced a security cheque for AED 260,000. I subsequently paid AED 10,000 as Qafala to the court. In 2022. A cheque execution case was filed against me by the bank through Abu Dhabi Public Prosecution, and a travel ban was imposed.
I also filed an ASHKAL request in 2023, but have received no response from the court. Please note that the case is registered in Abu Dhabi.
I kindly seek your guidance on the following:
1. Is it possible to close/remove or cancel the case on the basis that the cheque was a security cheque?
2. What is the process to request removal of the travel ban, as my job requires travel to other GCC countries?
Hello,
Thank you for sharing the details of your case.
Based on the information provided, you may apply to the Abu Dhabi Execution Court to request the suspension or removal of the travel ban, especially if you can demonstrate that it is directly affecting your employment and the need to travel within the GCC region.
Regarding the bounced cheque, if it was issued as a security cheque and not intended for immediate encashment, there may be grounds to challenge the execution case under the amended UAE Commercial Transactions Law.
However, please note that civil liability for the outstanding amount remains unless the debt is settled, restructured, or withdrawn by the bank.
We also recommend that you follow up with the court on the pending ASHKAL request filed in 2023.
To proceed effectively, we advise arranging a legal consultation where we can review your documentation, assess possible defenses, and assist with drafting and filing the appropriate motions.
Please let us know a convenient time to discuss this further.
Best regards,
Dear S.,
Thank you for your message and for sharing the details of your case.
Regarding your queries:
1. Even if the cheque was a "security cheque," UAE law still allows the bank to pursue recovery if it bounced.
However, recent changes in the law have moved many such cases to the civil system, and with proper evidence, there may be grounds to challenge or adjust the execution case.
2. For the travel ban, you can submit a petition to the Abu Dhabi Enforcement Court with proof of your guarantee (Qafala) payment, employment requirements, and settlement attempts. If the judge is satisfied, the ban can be lifted or suspended.
These matters are fact-sensitive and need proper legal representation in Abu Dhabi to present your case effectively.
If you wish, I can represent you, prepare the necessary petitions, follow up with the court, and handle communication with the bank to seek a settlement or removal of the ban.
Please let me know so we can arrange a consultation and review your documents.
Best regards,
Abdul
Hello,
Under recent UAE legal reforms, a bounced security cheque no longer automatically results in a criminal case but is treated as an enforceable civil claim.
Your defense that it was a security cheque is not an automatic ground for dismissal; you must prove to the court that the cheque was not meant for immediate payment.
The bank can use it to file an execution case to recover the debt. To lift the travel ban, you must resolve the underlying financial case.
The most direct way is to settle the debt, either by paying the full outstanding amount or by negotiating a new, court-approved payment plan with the bank.
Since your ASHKAL request has been unanswered, you must actively follow up with the Abu Dhabi Judicial Department to check its status.
Engaging a lawyer is highly recommended to navigate these procedures, represent you in court, and secure a resolution that allows for the removal of the travel ban.
If you require our assistance, kindly share your WhatsApp number.
Dear S.,
Thank you for your detailed message.
In Abu Dhabi, even if the cheque was originally given as a security cheque, once it is presented and bounces, the law treats it as a debt instrument unless successfully challenged with strong supporting evidence. This means:
Case Closure / Cancellation – You may challenge the case on the basis that the cheque was a security cheque, but this requires filing the proper legal application and providing proof of the loan agreement and the intended purpose of the cheque.
The court will review whether it meets the criteria for security cheque classification. If accepted, this could lead to the cancellation or amendment of the execution.
Travel Ban Removal – You can request a temporary or permanent lifting of the travel ban through the court handling the execution case. Usually, the court may require:
- Full settlement or partial payment of the debt with the creditor’s consent, or
- A guarantee (cash deposit or guarantor) to secure the amount in dispute.
Given the complexity of the case and the travel restrictions involved, it is advisable to arrange a consultation so we can review your documents, check the case file in the court system, and determine the most effective strategy to either challenge the cheque or negotiate terms for lifting the ban.
Kind regards,
Mohammed Salah
Legal Consultant
Thank you for contacting us via Legal Advice Middle East.
Your case can follow more than one legal route, and the most strategic approach will depend on the evidence you have regarding the nature of the cheque, your repayment history, and the bank’s stance in settlement negotiations.
We have handled a very similar case in Abu Dhabi, where a client was pursued on a security cheque despite partial repayment; through a combined settlement strategy and targeted court applications, we secured the lifting of the travel ban and closure of the execution file.
On the first point, UAE courts may consider the argument that a cheque was issued as security, but this requires strong supporting evidence such as loan agreements, payment records, and any bank correspondence acknowledging the purpose of the cheque.
Even then, courts tend to treat cheques as unconditional payment instruments, so the more practical route is often to negotiate a settlement or restructure and have the bank submit a request to close the file.
On the second point, removal or suspension of a travel ban in an execution case is typically only possible if you either (a) settle or partially settle the debt and provide sufficient guarantees to the court, (b) obtain the creditor’s written consent, or (c) persuade the court that temporary lifting is necessary for work and will not prejudice the creditor’s rights — usually by depositing a security or providing a guarantor. This is done by filing a specific application within the execution case, supported by your employment proof and travel necessity.
To proceed effectively, we would need to review your execution file details, ASHKAL request, repayment proof, and loan documents.
Our multilingual consultants speak Arabic, English, Russian, Hindi, and Chinese, and we can prepare and submit the travel ban removal request while also initiating parallel settlement discussions with the bank.
