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Abu Dhabi, UAE

What to do if your cheque was wrongfully encashed

Hi,

I hired a real estate agent from Dubbizle Abu Dhabi. We reached a consensus of AED6,500/- commission for his services. Once I liked the property, I gave AED5,000/- cheque as security. Later, after signing the tenancy contract I gave cash AED5,000/- to him. As AED1,500/- was pending, I didn't take the cheque back.

Later from the landlord, I got the information that he took an extra commission of AED5,000/- from the landlord as well by telling him that we are relatives and he is not charging any commission from me. So the landlord increased the rent by AED5,000/- and once the payment was made to the landlord (single payment by my employer); landlord had already given AED5,000/- to the agent.

Later the agent called me to ask for remaining AED1,500/-. At this time I said 'no' as he has already made a double commission. I forgot about the cheque. Today I received a message from my bank that the cheque has been encashed and AED5,000/- has been deducted from my account.

What are my options now?

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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13 Nov 2017, 14:42

A cheque is enough to show a debt and need not be supported by any agreement.

If you have any claim for wrongful use of the cheque you have no choice but to file a civil case.

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