Questions & Answers
Questions & Answers
3 available 3 • View allCheque case for claiming a pending payment from the customer
1
Q: Hi!
I have a customer and his cheque was recently bounced. He intentionally issued a closed account cheque and we realised when the bank letter informed us.
It's now 5 months and he is neither paying nor answering the calls, and I cannot travel every day to Abu Dhabi to chase him.
Can you guide me? What is the best way to get the payment back?
Thanks

Jan 18, 2019
769
Filing criminal and civil proceedings for a bounced cheque
2
Q: I am running a small company and I have a bounced cheque from my customer who really cheated me and he's not returning my goods; and now, he himself is asking me to file a case against him.
What are the possibilities to recover my amount of AED 64000, as this has brought a great impact on my business stability?

Apr 5, 2018
3943
Criminal liability and civil liability in cheque bounce cases


0
Q: I have recently filed a criminal case against a customer for AED 1,300,000.
I have found out that he has given an application to the court to get a fine on this bounced cheque amount. Is it possible to be fined at this amount?
How can I proceed further to place a travel ban on him and ensure that he does not get fined? It has been 5 years since this liability is due.
Please help me on what I should do next.



Nov 21, 2018
2011
Legal blog
1 available 1 • View allBounced Cheques in the UAE: What You Need to Know in 2024 292
In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.
Oct 15, 2024
222727
Laws & Regulations
3 available 3 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47954
Federal Law No. (35) of 1992 Concerning The Criminal Procedural Law 13
The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules.
Jun 15, 1992
19143
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3557

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Hello team,
I have a Chinese team in a Dubai-based company, they are working in Dubai itself.
Can we exempt them from Dubai national holidays and provide holidays related to China national holidays?
Can you please suggest something?
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What should you do when you get a police call without knowing the reason? 2
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about.
I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
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Partner's liability while other partners are outside the country 1
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country.
The company bought things for AED 50k which was not paid back and now they filed a case.
What will be the liability for my wife? she is not the manager of the company.
What will be my wife's liability for that company?
Feb 4, 2021
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Trade license and banking legality for any kind of trading activity 2
Hi Sudhanshu,
Hope you are well.
What are my rights for establishing an e-com business meant for trading outside the UAE.
1) Do I still need the UAE trade license?
2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time?
Best regards,
A.
May 19, 2020
531
Filing criminal and civil cases against a company for cheque bounce 2
Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
1727

Other answers by
الضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 2
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
519
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 2
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
1000
Can the wife file for maintenance in the UAE after judgement in home country? 3
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1425
ماذا بعد الحصول على حكم في قضية عمالية؟ 4
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
581
Cancellation of an off-plan property and seeking refund 2
Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?
Sep 26, 2020
721
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