Questions & Answers
What to do if the drawer of a bounced cheque left the UAE?
I have a bounced cheque issued by a person who has already left the country and closed his local bank account.
I filed a criminal case with the police some time ago, but there is no result till now.
Can I do something else to get the money?
With reference to your query, kindly be advised that you can submit an application through Dubai Courts to inquire about his assets, properties, vehicles...etc. registered under his name, so you can identify if there is anything you will be able to execute on or attach until you get a judgment for the civil case.
Apologies for not being very clear as I do not know exactly what you have had against him so far (criminal case only, or criminal and civil, did the criminal court issue a judgment against him?)
Please note that filing a criminal case does not entail that you get your money, as the police complaint and the criminal case are only to punish the person who committed a crime of issuing a cheque without balance (which is considered a criminal offence as per article 401 of the penal law).
Accordingly, the criminal case is more of a public/state right. On the other hand, in order for you to get a judgment to forcefully execute and collect your money, you must file a civil case before the local courts (Dubai Courts).
Once you get a judgment, you will be able to collect your money.
The reason I am advising you should do the inquiry application first is for you to know whether the opponent has something you can collect or you will just pay the court fees and hire a lawyer without getting anything in the end.
Hope the above is clear and is of assistance.
Alaa Momtaz
