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العواقب المترتبة على رفع قضية مدنية بسبب بطاقة ائتمان

صباح الخير سيدتي،

ما هو مفهوم القضية المدنية؟

لديّ متأخرات مستحقة لبنك بقيمة 61875.61 درهم. لا أستطيع الدفع بسبب تأخر الراتب، وقد أدى ذلك إلى عدم استقرار وضعي المالي.

في الوقت الحالي، أبلغني البنك أنهم سيرفعون قضية مدنية ضدي. أريد أن أعرف ما هي العواقب التي قد تواجهني نتيجة لذلك.

ما الحكم الذي ستحكم عليه من المحكمة؟

يرجى تقديم المشورة.

شكرًا وتحياتي،

ف.

Hussain Lootah & Associates
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16 Jun 2019, 06:21

Dear Questioner,

Thanks for writing to me.

I understand that you have an unpaid loan with a bank and now the bank has informed you that they are proceeding with a civil case against you.

I assume that the bank has already bounced your security cheque. Now, to recover the outstanding, the bank has two options.

1. To file a criminal complaint about the cheque bounce:

- When they file a criminal case, you either settle it paying the amount to the bank [after negotiations probably] or pay fines to the government.

Please note that the payment of fines is a kind of punishment to the accused, for committing the crime of 'issuing the cheque in bad faith'. The fine amount will go to government treasury and not to the bank.

2. To file a civil case for recovery:

The bank files a civil case to recover the amount from you. In this, the bank has to present before the court the adequate proof to show the transaction. Once the court gets convinced, a judgement will be passed.

If the documentary evidence is sufficient to prove your debt towards the bank, the court will ask you to pay the amount along with the court expenses to the bank.

In case you do not pay the said amount within a specified time after judgement, the court can even order the attachment of your bank account and assets.

Hope the above explanation is satisfactory.

Thank you.

Regards,

Rajasree Ravivarma

16 Jun 2019, 09:10

Dear Ma'am,

Thank you so much for reply and valuable advice.

I would like to inform that the bank has not signed any cheque from me during the credit card application form.

Also, I informed the bank that as per my present conditions, I am only able to make payment of AED 500. And once my condition improves I will increase gradually, to which they didn't accept.

If the bank opts for option 2 as stated in your message above, will this be big trouble for me?

How can I justify to the court on my part?

Regards,

F.

16 Jun 2019, 10:57

you may ask for installment option during the hearing or execution.

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