Questions & Answers
Claiming cheque amount from a debtor after closing bank account
A person who owes me money gave me a PDC dated 1/2/2019. I deposited the cheque on 1/6/2019 and the cheque was returned saying "the account is closed".
How much time do I have to file a police complaint and to file a suit against him?
The cheque amount is AED 750,000/-

Please contact us on email for the advice of your case.

Dear Sir/ Madam,
Thank you for reaching out to me on this.
Firstly, I will need to understand under what transaction was this PDC given to you. This is crucial for going ahead with legal proceedings.
Considering you have a bounced cheque, there are two avenues that we can proceed with:
1- Criminal- We will have to file criminal proceedings against the defaulter for the bounced cheque. The court may take cognisance of this and levy a penalty by the way of imprisonment or a fine. Please note that this route is only to punish the defaulter and any fine paid will be deposited with the Government and not you.
2- Civil- For you to claim back your money, we will have to initiate a civil case against the defaulter. Depending on the Emirate, the court fee will vary. However, since you have a cheque and there is acceptance of liability, we can file an urgent case and obtain a judgement within 3 working days. Pursuant to the judgement, we can attach his assets, apply a travel ban and even freeze his bank accounts (other than the current one since its closed). Basically, all steps can be taken to recover the funds.
We can also enforce the judgement against the defaulter in his home country to recover the dues.
I trust you will find the above response appropriate.
We can discuss this further on email to understand better and attain clarity.
Regards,
Hari Wadhwana
Dear Sir,
First thing, we need to understand the details of the transaction.
According to the issue, as you mentioned about the bounced check, there are options that we can proceed to recover the cheque amount, you can make a civil claim for the payment of the bounced cheque.
We can file an urgent case. All steps can be taken to recover your money.
An initial complaint can be made to the police station. The case is then forwarded to the public prosecution. After that, the matter is sent to the criminal court for further analysis.
The defaulter who is proved to be the criminal is given two options. Either has to pay the money back or serve the sentence in jail. We can also ask the Court to impose a travel ban on the defaulter.
We can help you to get a judgment against the defaulter to claim your money and feel free to discuss the case further.
Kindly email us or call.
Regards.