Q: I am seeking damages from a company. The appeal court and the execution court has ordered that the company assets and accounts be attached. The company has been closed since last year… A: If they own property or other assets in the UAE, the court will be able to impose an attachment order on…

All cities, UAE

5488

Precautions during court proceedings to guarantee your rights at execution

I am seeking compensation for damages from a company that used my name in fraud.

I have finished the case until the appeal court and the execution court has ordered that the company assets and accounts be attached until they pay the sum required as per the judgement.

The company has been closed since last year and has no more money left in the bank.

If there are no more assets of the company I could go after since the company no longer exists, how else can I get justice aside from the words written on a few sheets of my case judgement paper?

I've spent a lot and exerted a lot of effort seeking justice for myself, and when it is time to collect what the judge has determined what I should have, apparently there is nothing left.

Is there any other legal recourse?

Thanks

Jennifer Arkhurst

Arkhurst & Abdellah Solicitors

Chat

Hire

Meet

5 Oct 2017, 08:01

Dear Sir

One of the essential factors to consider when embarking on any litigation process in the courts is whether your opponent(s) have the ability to pay if you win.

At times, the case is won and there are difficulties enforcing judgement as the debtor has either absconded, has no money or closed down as in your case.

Did you apply to the court at the time for a travel ban on the owners of the company? This is a standard practice in the UAE.

There are times when the court may pierce the corporate veil (as you sued the company and not the owners), and make the owners of the business responsible personally for the judgement order if it can be proven there was wrongful or fraudulent trading in running the business.

If they own property or other assets in the UAE, the court will be able to impose an attachment order on those assets. There is also the option of imprisonment if the owners are still in the country.

Please speak to the firm of advocates that represented you and discuss your options.

5 Oct 2017, 08:24

Dear Ms Jennifer,

At the time of litigation, the defendant company was still operating. I believe my previous counsel did not apply for a travel ban for the owners of the company as I have not been told of any action with regards to that, per se.

Surely the local partner owns other businesses and properties in the country, I am just not sure about the other expat partner.

I have a written proof of the fraudulent activity committed by said company against my person and other parties which became my basis for winning my cases, first administrative then civil. Unfortunately, the case has drained my finances over the years.

I had to do the filing of the judgement execution case on my own as I no longer had the money to pay my previous counsel because it was only recently that I learned about the need for me to pay another sum just for my counsel to take my execution case.

Thank you very much. I really appreciate the reply. You gave me a ray of hope.

Would you happen to know of any colleagues working around the Al Ain area?

Thank you

10 Oct 2017, 16:53

Dear Sir,

Many thanks for your message. I have sent your enquiry to a firm in Al Ain but require your contact details to forward to them. Please provide the same or give me a call.

Regards,

Jennifer

10 Oct 2017, 20:02

Dear Ms Jennifer,

Can I please have your contact number so I could give you a call?

Thank you

Was this content helpful?

Fixed-fee services

2 • View all