Questions & Answers
Questions & Answers
10 available 10 • View allBounced cheque consequences: criminal penalty and civil case
27
Q: Hi madam,
If a lot of cheques equal to AED 300,000 have been bounced and cases are filed and a travel ban imposed, what will be the punishments or consequences to be faced if caught?
I can't afford to pay back even 1,000 Dhs. Will I have to pay the full amount?
Please advise.
Thanks

Mar 12, 2017
39153
Bounced cheque case: jail term, travel ban, court fees, etc.
66
Q: PLEASE REPLY AS EARLY AS POSSIBLE
UAE
CHEQUE BOUNCE CASE (PERSONAL CHEQUE) IF AN INDIVIDUAL FILE A POLICE CASE
1) What will be the minimum jail terms for Cheque bounce case? During jail terms whether he will be on travel ban? During jail term whether he can come out of jail by giving somebody's passport as security? After completing the jail term whether he will be still on travel ban as he has not paid the money against the cheque? If he did not pay the money during police case, how can I get back the money?
2) When he is on jail terms during police case, whether we can proceed with the civil case for cheque bounce?
3) For proceeding civil case whether we have to deposit any amount to court?
Your valuable advice will be highly appreciable.
Thanks

Apr 15, 2017
73740
Civil claim for the bounced cheque amount
10
Q: Hi there,
A person bounced a cheque on me for a considerable sum of money. I filed a police case and it went to court. The judge ruled on the 24th January and the accused was sent to jail. However, there was no part of the judgment compelling the accused to pay the money owed.
I believe I can take a civil case against the accused to get the money owed, but I don't know if this is correct or indeed how to go about doing this.
I would be most grateful for any adviсe.

Feb 1, 2017
17428
Avoiding civil proceedings by the bank upon criminal case closure
9
Q: Dear Sir,
I had a loan of AED 20,000 and I was paying my instalment every month until I lost my job. My outstanding amount was only AED 8000 by then, but hence I didn't have a job and I couldn't pay for 7 months.
However, as I found a new job I started to pay again but a case was filed already by this time. I was jailed for 2 days and I was presented to the courts where they gave me a fine of AED 2000, then I was released.
Now, the recovery department is calling me again and telling me to pay AED 14000 as they say that's my current outstanding amount. They say that a civil case will be filed if I fail to pay. So what will happen if they filed a civil case?
Please advice.

Feb 21, 2018
6769
Settlement of a bounced cheque for defaulting on a bank loan
0
Q: Naser, Salaam alaikum
We want to file a case against X related to a bank issue in Ajman. We are submitting the relevant proof/documents like memorandum, emails...etc.
They will be translated into Arabic, legal translation. The case also involves bank statements that show that we paid as proof.
My question:
Do we need to do the legal translation of all 24 pages of bank statements in Arabic?
They are given by the bank in English and exported as PDF from the bank account (electronic) and has all the details, bank logo, etc...
Please clarify.
Shukran

Oct 10, 2018
1135
Acting against a civil case for a bounced cheque
5
Q: Salaam Alaikum
The bank bounced a cheque of AED 103,000 for my business partner and filed a criminal case. My partner has already paid "more" than the cheque amount of AED 106,585. We have full proof.
Only AED 53,000 was outstanding - this is mostly interest, legal charges, late charges and fines. The rest is all paid properly.
Unfortunately, this year his business had a lot of losses. As he was unable to pay the full amount, as per new Dubai laws and Police, he paid 10,000 AED fine and got the criminal case removed by the public prosecutor a few days ago.
Now, the bank told him they will file a civil case. What happens now? How many weeks will it take to get a court hearing and what's his recourse?

Oct 16, 2018
2634
What to do when you face a civil case for bounced cheque
0
Q: Salaam Alaikum
The bank bounced a cheque of AED 103,000 for my business partner and filed a criminal case. My partner has already paid "more" than the cheque amount of AED 106,585. We have full proof.
Only AED 53,000 was outstanding - this is mostly interest, legal charges, late charges and fines. The rest is all paid properly.
Unfortunately, this year his business had a lot of losses. As he was unable to pay the full amount, as per new Dubai laws and Police, he paid 10,000 AED fine and got the criminal case removed by the public prosecutor a few days ago.
Now, the bank told him they will file a civil case. What happens now? How many weeks will it take to get a court hearing and what's his recourse?

Oct 24, 2018
3406
Bounced cheque case and settlement with the bank
2
Q: What should I do if a case has been filed against me for a bounced cheque? The bank is not agreeing to give me any settlement. I am also about to lose my job.
I tried settling with the bank again, I told them that I can pay AED 8000, provided that they will give me a written agreement of restructuring and lift the police case against me and my guarantor.
They wouldn't budge at all. I came to know that I have a case in the court already. What would be the best way to deal with this?

Oct 25, 2018
1226
How to recover the amount of a bounced cheque without filing a civil case?
1
Q: Dear sir/madam,
I registered a case against a company for a cheque bounce totaling AED 660k. The manager was arrested and then released and now the owner has been caught who flew into Dubai and was caught at the airport.
What do I need to do now? If I don't file a civil case, what happens in that case? And if I file a case in court, how much do I need to pay?
My business is at loss and I can't afford any more expenses. I came to know that after paying a fine of AED 5k, these guys will be free and can travel out of the country.
In that case, they will never pay my money, and if I file a civil case, I will just keep incurring more expenses. Is this right?

Dec 26, 2021
339
How to claim an amount of a bounced cheque from a person in jail?


4
Q: Dear questioner,
I have filed a police case for a bounced cheque of AED 1025000.00 four years ago. The person who issued this cheque was missing.
Some days ago, someone has informed me that the person is in Dubai jail.
Please advise what should I do?



Jul 25, 2022
344
Legal blog
5 available 5 • View allBounced Cheques in the UAE: What You Need to Know in 2024 291
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
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Failing to Honour Bounced Cheques in Loans and Other Transactions 8
An interview-format article covering the topic of loans and bounced cheques in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Jan 15, 2020
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Laws and Procedures Related to the Dishonoring of Cheques 7
As the civil and commercial transactions in the UAE have been growing rapidly, and due to replacing cash with other financial instruments such as cheques for big amounts of money, this had caused some hiccups at times leading to criminal and civil consequences on the person who defaults on fulfilling obligations.
Feb 24, 2020
3078
جريمة الشيك بدون رصيد ما بين الوضع الحالي والوضع المستجد 19
يلعب الشيك دوراً مهماً في الحياة اليومية سواء في ميدان المعاملات التجارية أو في ميدان المعلامات المدنية باعتباره أداة وفاء والتزام تحل محل النقود في التعامل بين الافراد. ونظراً لهذه الأهمية فقد أصبح أكثر الأوراق التجارية انتشاراً وتداولاً بين الناس، على الرغم من حداثته نوعاً ما. فالشيك لم يبق كما كان في بداية عهده أداة لسحب الودائع المصرفية لحساب الساحب ذاته، بل أصبح أداة وفاء تحل محل النقود سواء على النطاق الداخلي بالنسبة للمعاملات التي يقوم بها الأفراد داخل الدولة فحسب وزادت أهميته.
Jun 3, 2021
11313
How Do You Ask a Lawyer? 11
I believe that there is a similarity between medicine and law, and just as there is a way to ask a question to a doctor to get the most accurate and correct answers from him, which ultimately helps you receive the correct diagnosis, and therefore the correct treatment, there is a way to ask a lawyer.
Jun 12, 2023
1193
Laws & Regulations
4 available 4 • 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
47948
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148518
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75386
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
3549

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