Questions & Answers
Settlement in a civil case for the payment of bounced cheque amount
If you have been sentenced for a bounced cheque and then a civil case is brought against you, what would happen if you do not have all the funds to pay the full amount?
Would the judge accept a lump sum and then installments until all the money is repaid?
Criminal Court Judgement
Upon the completion of the court assessment of the case and establishing grounds against the issuer of the bounced cheque, the Court may order to pay a penalty and/or serve a jail term. The jail term can be between 1-3 months - up to 3 years, or/and a fine that usually varies from AED 1,000 to AED 30,000 based on the amount of the bounced cheque.
One must understand that a Criminal case is purely a punishment for a criminal act i.e. issuing a Cheque without sufficient balance.
Civil Case
To recover the cheque amount, the aggrieved party may make a civil claim for the payment of the bounced cheque. The court conducting the criminal trial may transfer the civil claim to the civil court for determination.
If the Civil Court passes a judgement against the issuer of the cheque to pay the cheque amount, the issuer of the cheque shall pay the same, otherwise, he might be subjected to another imprisonment if he fails to implement the court’s judgement or his assets can be attached.
At this stage, you can propose that you can pay in instalments.
Dear,
It is advisable to settle with the party and make them agree to pay in installments. In this manner, they might agree to settle on installment terms without a need to proceed with the lengthy litigation process.
Regards
