Questions & Answers
Questions & Answers
9 available 9 • View allRequirements and procedure for filing a bounced cheque complaint
6
Q: I have a cheque of AED 35000 given by a person and it bounced. What is the procedure?
I have already complained at the police station. What if I file a case against him? What is the procedure and what are the legal actions to be taken against him?

Dec 19, 2017
7179
Legal proceedings for a bounced cheque issued by the employer
1
Q: Dear Sir/ Madam,
I would like to have an advice about a bounced cheque.
I got a cheque against my pending salary from the company where I used to work before in Dubai. However, the cheque bounced and I filed a complaint at the police station.
I was expecting a reply from the police station, as per my knowledge. Yesterday, the company owner called me and said that the police had arrested him and he has paid the fine, so the case is dismissed.
I would like to know if I need to file a civil case now or I have to wait till I get a reply from the police in order to recover my money.
For the civil case, where and how can I file the complaint?
Thanks & regards

Oct 5, 2017
1573
Claiming a personal debt with post-dated cheques
0
Q: I was persuaded by my friend to put money in an online trading, and he will trade on my behalf and will share the profits.
He guaranteed me that he will trade very carefully and the principal amount will not decrease, but he lost all the money in one night which is AED 35000.
Then he gave me 6 cheques of 5000 each payable after every third month.
Kindly advise how to proceed as he is not ready to pay now.

Jan 9, 2018
893
Claiming back money lent to the manager
0
Q: Good afternoon Sir,
Kindly help me regarding my problem.
I lent my loan to my manager since 2015. He took AED 100000, and he is not giving it back. I have all the evidence for that.
What to do, can I go to the police? Kindly guide me.

Sep 19, 2017
744
Filing a civil case to claim money invested with a restaurant owner
0
Q: We (12 persons) have invested in a Japanese restaurant (AED 100,000), each with 3 years contract.
After 2 years, the owner failed to pay the shop rent for the past 6 months and the landlord had closed the shop.
The owner signed a waiver to the landlord that he no longer has a claim on that shop, meaning to say, he already hands over the full restaurant to the landlord.
The landlord already sold the shop to another person. 3 of the investors already have bounced cheques while mine will expire in Oct 2018, and others as well.
Question 1.
What is the procedure for filing a case against the previous owner since he breached our contracts?
Question 2.
My cheque is still not due, can I file a case against him?
Question 3,
Do we need to get a lawyer with regards to our case?
Best regards,
Lea

Apr 10, 2018
762
Options in case the post-dated cheques of EOS benefits bounce back

2
Q: Hello
A DIFC based company I work for hasn't paid 5 months worth of salary, plus business travel expenses. The total so far is around AED 700K. In addition, if I leave the company, there will be the gratuity and pay-in-lieu of unused vacation.
The company is offering me post-dated cheques (cheques are in the name of the company, the signer is the group president and one of the shareholders). I am trying to get cheques above AED 200K (because if the cheques bounce it is a criminal charge, right?)
1- What are the consequences for the company and the owner if the cheques bounce? Will the signer face prison and travel ban?
2- How do I raise a complaint about the bounced cheques? Which police department or government authority I need to go to?
3- If the signer says the company doesn't have money to cover the cheque, because the company is not generating revenue or has many assets, then what happens? does he get away with it? Or goes to prison and faces a travel ban?
Much appreciated
Rick


Jun 27, 2018
1479
Breach of trust and recovering the amount of a bounced cheque
1
Q: I had given money to an individual who was working in the financial markets in Dubai for regular profit. The amount is around AED 250,000.
I went to the police when the first cheque of 150K bounced. The case was registered but nothing is happening and it has been 3 months.
What are my options?

Aug 12, 2018
2189
The legal action following criminal cases for a bounced cheque


1
Q: I had given an amount of AED 250K to a finance person in Dubai. I never received a profit. I went to the police and registered a case. I only deposited the first cheque of 150K.
Lately, I found out that the person came out of the court after paying a fine. I don't know what to do as I have not received anything and still have a 100K cheque with me.



Dec 23, 2018
2327
عواقب ارتجاع شيك حرره الزوج لزوجته ورفعت دعوى بموجبه أثناء سفره

0
س: السلام عليكم،
حررت شيك لزوجتي بدون تاريخ واستغلت هي سفري للخارج وقامت بكتابة تاريخ على الشيك وإيداعه، وعند رجوعي من السفر في المطار، تم إلقاء القبض علي وسجني حتى تم عرض الملف على النيابة العامة التي قضت بالغرامة وخرجت بعدها.
قامت الزوجة برفع قضية ضدي في المحكمة لتحصيل الشيك وهو أمر أداء، وليس لدي ولو ١٠٠٠ أدفعها الآن.
فما الإجراءات المتخذة ضدي في حال إلقاء القبض عليّ؟
تأكدت من الشرطة عن طريق النظام الإلكتروني ورقم الهوية في دبي أنه ليست هناك أية قضية جنائية أو مالية ضدي أو أنني مطلوب لأي قضية مالية أو جنائية.
هل يتم إيداعي في السجن مرة أخرى في حال التعميم عليّ أم لا لأنني سُجنت بأمر من النيابة العامة عند التعميم عليّ في الشرطة وإلقاء القبض عليّ في المطار وخرجت بعد دفع الغرامة؟
وشكرًا!


May 3, 2020
2
Legal blog
3 available 3 • 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
221968
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
3030
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
11285
Laws & Regulations
5 available 5 • 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
47901
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
148362
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
75296
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
3530
Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law 0
The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).
Sep 20, 2021
472

Other answers by
10 10 answers •
View allWorking beyond the notice period specified in the contract 0
I am currently working for a free zone company in DAFZA. The job is not going well for me and I would like to leave. I signed a three-year contract and it has been nine months so far.
My contract states that I need to give one month notice but my employer wants me to stay for two months. He says it is company policy not to accept the breach of contract compensation, hence I must serve two months without pay.
I am supposed to pay him for three months half pay, and he is refusing to allow me to pay that and serve one month notice. I am even thinking of just absconding and going back to my country. Will I get a labour ban and immigration ban?
I received an offer from one of our clients as well, but my contract has a non-competition clause. Does this apply, given that the two companies are in different industries, one is a supplier of products and the other is a consultancy service provider?
I am considering going back to my home country as my employer is being unreasonable on the 2 months notice.
Jan 2, 2018
1637
Drafting referral agreement to guarantee the payment of commission 0
Dear Sir/ Madam,
I am Sammy based in Nairobi, Kenya and I'm about to deal with an electric company in Dubai. I want to provide the company with business and in return, I get my commission from them after the deal is done.
My issue is that we may have an email agreement with them, but later after the business is done they may evade from sending me my commission. I need a letter whereby I and the company sign it as an agreement to avoid nonpayment.
Please help.
Regards
Dec 19, 2017
1499
Refund of money paid for purchasing a beauty salon that never happened 0
Hi,
We are planning to buy a beauty salon and we have given the owner a deposit of AED 20k. After a week he asked for another AED 50k as he has dues that need to be settled with the landlord.
He gave us a cheque for AED 50k which bounced because the account has been closed a long time back as per the bank. It’s been 49 days and the transfer is not done yet. Can we file a civil case and ask for moral damage as we lost a lot of money since the business is not operating yet? Can we still get our AED 70k that we had given to him?
Dec 17, 2017
337
The employee's rights upon resignation from a government entity 0
I worked for a Federal Government entity in the UAE; this entity was created by special decree so it doesn’t have a normal trade license or Labour contracts from MOL. Instead, we have signed employment contract which states it is governed by Labour Law of 1980, other federal laws and will be in the jurisdiction of Abu Dhabi.
My employment visa is from the emirate of Dubai as the entity also had a branch in Dubai. I recently resigned from my job serving 3-month notice as mandated by the HR policy. My resignation got accepted within a day and I was advised that this day would be last working day, and my notice period has been waived off.
I was just short by 15 days in completing 3 years of my service, and I had planned by cash flows assuming I would be getting paid for the next 3 months. Now, I am in a very bad situation as the employer is insisting I am not legally entitled to 3 months pay.
I need your urgent advice on the matter as the Labour Ministry cannot get involved due to the absence of labour contract.
Dec 14, 2017
2145
Redundancy and constructive dismissal 0
Hello there,
I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office.
I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years.
They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer.
Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK?
What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?
Jul 3, 2017
2388

Other answers by
245 245 answers •
View allHow to lift a permanent ban imposed due to chest scars? 0
Dear sir/madam,
I am from Pakistan. My question is:
In 2013, the UAE imposed a permanent ban on me for health reasons because there were scars on my chest. I did my medical examination again in my home country and there was no issue now.
I want to lift my permanent ban. What is the process?
Jul 4, 2022
836
Traveling to GCC countries after being deported from the UAE 0
Dear sir/madam,
I got deported from the UAE in 2020.
I want to know if I can go to other GCC countries for employment.
Jun 3, 2022
2944
How to know if I have a ban for resigning before finishing probation to return to the UAE 0
Hi Mr. Younis,
Hope you doing good.
I see a lot of amazing replies from you where you give a clear picture of what needs to be done next. I would like to thank you for this support.
In my case, I am working with a private company called [----]. I have to leave the country and go back to my hometown due to an emergency on an immediate basis.
I have not finished my probation period and the contract is limited. I have completed 5 months with the company.
Will I get banned?
Please help.
Jun 1, 2022
336
إمكانية ضم المحضون لوالدته في الإمارات بعد سفره مع أبيه إلى سوريا 0
السلام عليكم،
أنا متزوجة منذ ٦ سنوات في الإمارات ولدي طفل عمره ٤ سنوات. طلب مني والده أن يأخذه إلى المول كي يلعب وذهب به إلى سوريا.
أريد أن أحصل على حكم محكمة بضم المحضون وحكم نفقة، وأريد أن أتأكد هل فعلاً يوجد قانون أو اتفاقية بين البلدين بهذا الشأن؟
Jun 2, 2022
221
How to get a divorce and split a joint property after I caught my husband cheating on me? 0
My husband and I are Romanian. We got married in Seychelles and live in Dubai. We own an apartment we bought one year ago.
I caught my husband using prostitutes. I have proof of it as entry logs to my apartment when I was at work, many girls have visited.
I want a divorce. Can my husband claim the apartment as it's jointly in our name?
Can he get into trouble for using prostitutes in Dubai?
Jun 4, 2022
363
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