Questions & Answers
Questions & Answers
8 available 8 • View allRight action after the failure of settlement with the bank

2
Q: Good Day.
I would like to ask for some advice regarding my case.
I haven't been able to pay my bank loan before because I lost my job. I was not able to pay my bank loan for 3 months because I don't have the money yet.
But then the bank filed a police case against me for a bounced cheque. I got in jail, paid police fine and got cleared from the police case, then had a court hearing scheduled on 23/12/2019.
After paying the police fine, I contacted the bank and I paid an amount of AED 2525 for the accumulated instalment amount that I haven't paid plus a legal fee of AED 475.
But I still have a remaining amount to settle and submitted the requirements for deferment and they will withdraw the court case. After a couple of weeks, the bank informed me that the request was rejected.
So I don't know what I will do from here on. I still have a court case. Please advise as I am already stressed out about this. I am not running away from my obligations but the bank doesn't understand my current situation.
Please help me.


Nov 26, 2019
835
Civil case for defaulting on the outstanding payments of credit card
3
Q: Dear Sir,
Good day.
I had a credit card with a bank in the past in 2016 and my credit limit was AED 7500. I lost my job so I was not able to pay this amount at that time.
The bank filed a criminal case against me and I went to jail for one month in 2016. Now, the bank called me again and asked about the payment, but I'm still not able to pay.
The recovery agent told me they are filing a civil case against me and they're asking me to pay AED 29000.
How is it possible as my card limit is 7500 only and that time the bank filed a case against me for AED 10000?
What should I do in this case?
Please assist me

Mar 12, 2019
2197
Liability for the unpaid loan
31
Q: I was jailed for 4 months for not being able to pay a loan from a Dubai bank since I've lost my job in 2011.
After my release, I tried looking for a job but was unsuccessful, so I went back to my home country when my visa expired but still the bank is sending emails and threatening me and wants to collect money from me.
Now that I am back here in Dubai, they threatened to file a ban against me and told me that I cannot get my visa renewed if I will not pay them.
Can the bank do such THING? I already have accepted the punishment of serving jail time since during that time I didn't have a JOB and was totally broke. What can I do so that they will stop harassing me?
What does the law say if someone had served the sentence for a bouncing check case?
Thanks and hoping to be enlightened.

Jul 25, 2016
45723
Applying for insolvency under Federal Decree-Law 19 of 2019

1
Q: I want to apply for insolvency under Federal Decree-Law 19 of 2019.
Seeking advice.


Feb 18, 2020
715
Is it possible to give a POA and file for insolvency in absentia?
1
Q: Insolvency Law No. 9 of 2019: Court may order to stop all criminal and civil proceedings against an individual defender.
I do not live in Dubai, UAE, and I am currently hiding out overseas. I have pending 2013 judgments by the criminal court in absentia and civil court in absentia.
- Could you please recommend an experienced lawyer to file for insolvency in Dubai Court?
- Is it possible to give a POA, my lawyer file insolvency in absentia, and obtain bail from the same court?

Apr 9, 2021
404
Filing for insolvency of a company during COVID-19 situation
1
Q: My friend's firm is in a Free Zone since years.
It was fine before, but in the past 15 months, due to Covid19, sales slowed down, many retail clients shut down or are not paying.
They are unable able to pay 2 business loans for two months; few creditors, work credit cards - all the total over 600k AED. The loans mature in 2023.
Can you/your firm please help them to file for insolvency or bankruptcy or a combination and close their company?
We read that a lot of Federal bankruptcy and insolvency laws with provisions for Covid19 were passed to help SMBs last year.

May 26, 2021
286
How can I settle the amount post-dated cheques with suppliers if I cannot pay due to losses?
0
Q: Hi,
I had issued 3 PDC cheques worth AED 181,000 each and 4 PDC cheques worth 111,000 each to 2 different suppliers. I suffered some losses and hence was unable to pay. The company is in my wife's name.
I need some time to settle the debt but they don't want to give me more time. How can I safeguard my company and family?
Also is there any law where I can get time to restructure my company unit and then can get protection against all debt-related legal implications?

Jul 12, 2022
204
Eligibility for bankruptcy if I have a commercial case of less than AED 30,000

1
Q: Dear Sir/Madam,
Do I qualify to file for insolvency/bankruptcy if I have a commercial case of less than AED 30,000 and am unable to pay it due to a long-term unemployment?


Nov 30, 2023
78
Legal blog
6 available 6 • 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
221901
Bankruptcy Law and Personal Insolvency Law 10
This article will briefly explain about the Personal Insolvency Law of 2019 and Bankruptcy Law of 2016 in the UAE. Previously, there was only the Bankruptcy Law that was available for the commercial companies, merchants, traders, and similar persons who were suffering from the financial crisis but now individuals have such options available as well especially considering the effects of COVID-19. Both laws were issued to assist distressed persons and entities by offering them settlement options.
Oct 1, 2020
4906
Recent Amendments of the Laws in the UAE 4
An interview-format article covering the topic of the new amendments to the laws in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 3, 2021
3052
الإعسار في القانون الإماراتي 14
على قدر وجود تعاملات تجارية سواء بين الأفراد من غير التجار أو الشركات أو بين كليهما، تكون هناك حالات حيث يصبح المدين بوضع مالي يتعثر فيه عن سداد المستحقات المالية تجاه دائنه، فيصبح في حالة ما يعرف بالإعسار. وقد عالج المشرع الإماراتي هذه الحالات حرصاً منه على حفظ الحقوق وإعطاء المدين فرصة لسداد ديونه، ونظم هذه العملية من خلال المرسوم بالقانون الإتحادي رقم 19 لسنة 2019 بشأن الإعسار.
Aug 29, 2021
499
نظرة في الطعن 4 لسنة 2023 قرارات الهيئة العامة لمحكمة تمييز دبي 32
بتاريخ 24/10/2023، صدر قرار الهيئة العامة لمحكمة تمييز دبي في الطعن 4 لسنة 2023 مرسياً مبدأً جديداً مفاده أن الأصل في الناس هو الإعسار وأن اليسار عارض، وأنه يتعين -تبعاً لذلك- على طالب التنفيذ أن يثبت يسار خصمه المنفذ ضده أو تهريبه لأمواله كي يستصدر أمراً بضبطه وإحضاره ثم حبسه لإكراهه بدنياً على السداد. وكما هو متوقع، أحدث هذا القرار ردود فعل كثيرة ومتنوعة، سيما وأنه قرار نوعي يقلب كثيراً من الأوضاع المعتادة رأساً على عقب ويغير من الحالة الاجتماعية السائدة الشيء الكثير.
Nov 20, 2023
1494
Filing for Bankruptcy and Insolvency in the UAE: What You Need to Know 8
Dealing with financial difficulties can be overwhelming, but the UAE provides a comprehensive legal framework to manage bankruptcy and insolvency in a way that benefits both debtors and creditors. Understanding these laws and how they work can make a huge difference in navigating the process successfully.
Nov 12, 2024
310
Laws & Regulations
4 available 4 • View allFederal Law No. (2) of 2015 On Commercial Companies 15
The provisions of this Law apply to the commercial companies established in the UAE and the foreign companies that have established in the UAE a base to conduct any activity therein or established a branch or representative office. The Law abrogates Federal Law No. (8) of 1984 Concerning Commercial Companies.
Mar 25, 2015
29524
Federal 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
47894
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
148342
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
3527

Premium
Other answers by
451 451 answers •
View allAre there any restrictions on a diplomat buying property in the UAE? 0
Hello,
Is there any restriction on a diplomat buying property in the UAE, where he works as a diplomat at his country's consulate?
Feb 20, 2025
69
If someone has a case in the UAE, can they travel to another GCC country? 0
Hi.
One of my friends joined a Telegram group. They said, "We will transfer some amount to your account, and your task is to transfer this amount to another account. Once the task is completed, you will get 30 or 50 AED per task."
He completed 3 to 4 tasks, but he realized it was not good, so he stopped. After one week, when he opened his account, it was blocked, and the bank said, "We are conducting an investigation; after this, we will let you know."
After some days, he had an accident and went to his home country. He then received a call from a landline number, which was from the Abu Dhabi police station.
They said, "We have received a complaint against you; come to our investigation department." However, due to his surgery and treatment, he could not go.
After some time, his bank account was reopened, and he did not receive any further calls. I want to know, if he comes back to the UAE or goes to any other GCC country, will he face any problems?
If someone has a case in the UAE, can they travel to another GCC country?
Please advise!
Feb 17, 2025
133
What can I do if my employer refuses to pay me and I have no contract? 0
Hello,
What legal action can I take in case the employer refuses to pay my salary and I don't have a contract with them?
Feb 18, 2025
119
I want to open an online shop. Do I need a license to open an Etsy shop? 0
I currently live in Sharjah and have a UAE residence visa but I am not a UAE or GCC national. I want to open an online shop (Etsy or Shopify) to sell handmade items, such as crocheted goods, bookmarks, greeting cards, etc.
Do I need a license to open an Etsy shop?
If so, which license do I need to sell my products online, including UAE and worldwide?
How much would it cost me?
Can I keep my residence visa (sponsored by my father) and not change it?
Feb 14, 2025
115
How can we locate a person with an ongoing legal case? 0
Hello,
I am seeking your legal advice regarding a friend who was previously imprisoned in Abu Dhabi. His case there is now closed, but he has another ongoing case in Dubai.
Currently, we have lost contact with him and are unsure of his whereabouts. How can we check where he is or access any other legal facility?
Are there legal procedures to locate a person with an ongoing case?
What steps should we take to get more information about his status and legal position?
Feb 11, 2025
135

Other answers by
71 71 answers •
View allThe consequences of staying in the UAE after the end of the grace period 0
I am in my grace period after my residence visa cancellation. Is overstaying after the grace period illegal?
If I stay paying fine till my new visa gets finalized, how will it affect me? Will I face any ban?
Please advise!
Thanks!
Dec 26, 2022
1483
Can the tenant avoid paying early exit penalty for rent after losing job? 0
We have an existing tenancy contract in Sharjah, but due to unfortunate circumstances of this pandemic, my wife and I lost our jobs.
We already paid until December. Is there a current law where we can avoid paying the penalty of 2 months if we will end the contract earlier?
Oct 21, 2020
357
Travelling to GCC countries while have an unpaid loan in the UAE 0
Hello
Can I have your Whatsapp number? I have an urgent question, please.
Jan 13, 2020
726
Getting a new employment visa while a cheque bounce case is being processed 0
Hi All,
I have an existing criminal "cheque bounce" case under my name for dishonoring loan payments. I'm also a victim of unpaid salaries and gratuity from the previous employer.
However, I have reached a stalemate in negotiating with the bank as they are not interested in accepting the money I could offer in the interim despite having a clear understanding of my predicament.
Finally, I have an offer from a company after all these months and I'm anticipating to accept this offer but I'm yet to resolve the criminal case!
Since the bank is not willing to negotiate, I've planned to pay the criminal case removal fee or fine to the Dubai Police. I know that the bank would immediately proceed with a civil case should that happen.
My question is how long does it take to file a civil case? And can they initiate a travel ban without appeal while filing the civil case in court?
Will it affect my capacity to get a new employment visa stamped and work in the UAE while the civil case is active?
Jan 6, 2020
2003
Obtaining a part-time job while being employed on a full-time basis 0
I currently work in Dubai but I need an extra income from a part-time job.
Can I obtain the part-time job and still do my current job properly?
Is there an approval I need to get?
Jan 2, 2020
935
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