Questions & Answers
Questions & Answers
5 available 5 • 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
834
Is there a legal way to avoid imprisonment if the court passed a sentence upon me?
3
Q: Hi ,
I left UAE during the financial crisis 2009 because I got laid back by my employer and I could not pay back my bank loan. The bank collection agents contacted me few times but I couldn't reach an agreement with them as I am facing financial difficulties as a single parent for 2 kids currently not working.
l want to go back to UAE for a job offer. A friend checked for me with Immigration and Court. They found that there is a judgement in absentia of 6 months under my name and case filed requesting the amount of the loan plus the interest which I can not afford paying a single portion of it.
Is there a legal solution to sort this out due to 9 years passed since I left the UAE? So I can get a job offer and support my kids and if my financial situation improves in the future I will try to settle the loan. This 6-month absentia imprisonment was issued 6 months ago.

Nov 9, 2017
5106
The new insolvency law no. 19 of 2019 and its benefit for debtors

0
Q: Hi there,
Can you please explain the UAE Insolvency Law No. 19 of 2019 on 29 August 2019, thus how beneficial the debtors for defaulting on payment?
Thanks,


Dec 4, 2019
1215
If a case is rejected by the supreme court, can we re-appeal?


0
Q: If a case is rejected by the supreme court, can we re-appeal?



Nov 30, 2022
621
What can I do if my bank account is frozen for purchasing illegal medication?
1
Q: Hello,
I have a question regarding the situation I am in. The court ordered the bank to have my account frozen as I am suspected of having used my funds to purchase prohibited substances (medications).
The final judgment isn't due. Will I be able to open a new account? or a new business account?
My current business accounts are operating without any freeze or issue. Would like to know to what extent I am banned from financing in the UAE.
Is the current freeze only on this one personal account? Or is it on me personally not allowing me to issue or operate anything until the judgment is final?
Also, for the frozen sum in the bank account, is there any chance that it will not be released?
I am not accused of reselling or selling or of any financial or illegal money activities.
I am accused of personal use of a prohibited medical substance and of purchasing the prohibited substance for personal use.

Sep 15, 2023
162
Legal blog
4 available 4 • View allالرجوع طريق طعن جديد على الأحكام الباتة في قانون الإجراءات المدنية الاتحادي 39
جاء المرسوم بقانون اتحادي رقم 15 لسنة 2021 بطريق طعن غير عادي وجديد كلياً هو الرجوع عن الأحكام الباتة، حيث وضع المقنن الإماراتي طريقاً استثنائياً في المادة الجديدة كلياً (187 مكرراً) من قانون الإجراءات المدنية الاتحادي، أباح فيها طلب الرجوع عن الأحكام الباتة لثلاثة حالات محددة على سبيل الحصر وبإجراءات محددة تفصيلاً. في هذا المقال تجدون شرحاً تفصيلياً لإجرءات تقديم طلب الرجوع وشروطه، مع تفسير نص المادة 187 مكرر من قانون الإجراءات المدنية بشكل ميسر ومبسط.
Nov 10, 2021
8317
نظرة في قرارات الهيئة العامة لمحكمة نقض أبوظبي في الطلبين 3 و4 لسنة 2023 38
ما هو مصير الشيكات المرتجعة لغلق الحساب أو مضي مدة تقديمها؟ هل يمكنني فتح بلاغ بشأن ارتجاع الشيك في الإمارات؟ وما هو الفرق بين عقد الإيجار وعقد الاستثمار في إمارة أبوظبي؟
Nov 14, 2023
786
How Can Lawyers Effectively Manage Debtor Detention Procedures 1
How can lawyers effectively manage debtor detention procedures in light of the recent changes of Federal Decree-Law No. (42 of 2022 and the General Assembly of Dubai Cassation Court Decision No. (9) of 2024?
Sep 9, 2024
96
هل آن أوان إعادة النظر في بعض القواعد الإجرائية؟ 40
بطبعه وطبيعته، كان القانون وما زال كائناً متطوراً وجسداً متجدداً، ولولا هذه الصفات فيه، لما حقق الغرض الذي من أجله خُلق ووُضع. وسمات التطور والتجدد ليست قاصرةً على فرع دون آخر، أو نوع من بين الأنواع، بل هي سمات ملحوظة في القانونين العام والخاص، وفي المجالين، الموضوعي والإجرائي.
Oct 29, 2024
219
Laws & Regulations
2 available 2 • 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
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
148341

Other answers by
20 20 answers •
View allIs deducting half the salary considered a breach of the employment contract? 0
Hi,
I am working with an employer in Dubai since October 1st, 2021. The company is deducting salary in the name of consultancy as I was got hired from India. But there was no such contract between employee&employer for deduction in salaries.
Still, the employer deducted my half the salary for 2 months and I requested to stay at room till the company gets new project also they have taken my educational certificate stating it is the company policy.
I have already emailed the company to pay me a full salary for staying in the room or give me NOC.
1. Can I resign from the company without a notice period as I am in probation period and my contract is limited?
2. What should I do if the company doesn't pay me my salary for the days I am staying in the room?
3. Can this be considered a breach of contract by the employer?
Dec 26, 2021
278
Visa cancelation by an employer while an employee's dues are not settled 0
Hello Sir,
I have worked for a company for 4 years and 4 months on an unlimited contract and resigned after serving a notice period of one month as the employer was not paying me the salary properly for almost a year.
Now, he hasn't settled my EOSB, pending salary but canceled the visa.
How can I claim my dues?
May 17, 2021
390
Can I terminate a property purchase MOU and claim refund due to seller's breach? 0
I signed an MOU for purchasing a property from the seller. It has now been close to two months, with no progress.
The tenant at the seller's property is not allowing time for valuation purposes. And now the seller is saying it's not his problem and is not willing to pay the 10% agreed as per the MOU.
There's a specific clause in the MOU as below:
"In the event that the 'seller' fails to complete the transfer on the agreed date due to his own act or omissions, then the full deposit will be refunded to the buyer, and also the 'seller' agrees to pay the same deposit amount to the buyer as a compensation for the loss of the said property unless they agreed amicably to different terms or dates."
May 4, 2021
3504
Is the wife liable for the unpaid loan of her husband? 0
Am I responsible for the unpaid debts of my husband?
My husband took a loan in Dubai. We were paying installments on time but later on, he lost his job and we had to move back to our home country.
Now he can’t go back to the UAE until he settles his debts. My company wants me to go to Dubai for some official work but I am not sure if I am able to travel freely or I am also banned to travel.
Please, can someone help me with this?
Apr 25, 2021
1668
How to check if the bank filed a case against me before leaving the UAE? 0
I lost my job and since then, I haven't been successful to get hired in the UAE. Fortunately, I got a job back home, starting date at beginning of May.
I have a bank loan with a bank that I couldn't close in full before leaving the UAE. My end of service would be used as a partial payment of the loan but the remaining balance will be over 200K.
I aim to reach a new agreement with the bank, having a lower monthly instalment and longer loan period, being paid from my home country.
I need an advice how to proceed on this matter in order to be able to leave the UAE at the end of April without being stopped at the border and reach an agreement with the bank from outside the UAE to pay the loan from my home country.
The answer time from the bank is very slow.
Thank you
Apr 20, 2021
1377

Other answers by
13 13 answers •
View allConsequences of terminating a limited labour contract on the employee 0
I’m on a 2-year limited contract. I initially completed the 2 years and renewed for another 2 years. I have now completed the 3rd year and have less than a year left on the renewed limited contract.
I want to resign. Do I have to pay 2 months salary as a penalty?
Can I negotiate with my employer to have this waived?
What if I do not have the money to pay the employer? What can they do?
Oct 24, 2020
313
Registering an execution case after winning a payment order 0
I need to register an execution case since I won a payment order (Amr Ada) Case.
A) Is there a special format to use when registering the execution case file? or can I type in my words in the online process for smart case registration?
B) What is the cost of the execution for the Amr Ada case? I need to claim that amount as part of my total, but I don't know how much this will cost me? Is it a fixed cost or is it a percentage of the executed amount?
C) The honorable court had earlier decided to give me a fee postponement of Amr Ada court fees since I am 80 years old. Then the respondent lost the Amr Ada lawsuit and he will have to pay the court fees.
Will I have to pay for the execution case filing? Or the letter I got for court fee postponement will apply to the execution case as well?
Thank you!
Oct 21, 2020
711
Filing a false case against an employee in order not to pay his dues 0
Sir,
I am working in Dubai as a sales representative with 1000 as basic salary in the contract. I submit my resignation on 15/09/2020 with 30 days notice period.
The company asked me to hand over the job on 01/10/2020. I handed over the company car, SIM, and laptop. On 11/10/2020, the company filed a case against me that I deleted all company emails.
They filed a case in labor court. They don't want to pay me September month salary + 6 years final settlement +1 year leave salary. Also, They don't want me to join a competitor company.
That's why they filed the case. I do not have money for food. My 4 member family in India depends only on my salary. I don't know what to do.
Please help me!
Oct 20, 2020
457
Filing a complaint against a husband who is cheating on his wife 0
Hello sir,
I stay in India. My husband has been working in the UAE for the last 5 years. Last month, I came to know that he is having an affair with a Pakistani girl and they are in love for the last year.
The girl herself had given me a call. I want to complain against that girl and my husband.
Please guide me!
Oct 17, 2020
1929
Obligation of the cheque signatory when he wants to leave the company 0
I am working in a tourism company in Sharjah, the 100% ownership is with the sponsor. The company started in March 2019, after 3 years only, to change to LLC as per the license.
The sponsor gave me power of attorney to open a bank account so I am signing on cheques and all is going perfectly.
My company has 7 partners and they took various letters on the company letterhead and stamped for mutual agreement, and also my 2 blank cheques and one checkbook are with them.
Please advise, is there any issue if I quit the company?
I want to repay AED 50000 to the company because I paid credit to customers still not received, and I will pay but need few months time to repay the same. They threatened like talking more.
Please advise and how can you help
Oct 12, 2020
494

Premium
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173 173 answers •
View allIs there hope for bail in a 25-year sentence for a minor drug charge? 0
Dear Lawyers,
My brother was sentenced to 25 years in jail for a minor drug case (1 gram) on October 24, 2024. Can he get bail?
What will happen next, and what can I do to help him get released?
Kindly advise!
Nov 12, 2024
161
If you had a case for defaulting on a loan and resolved it, how to clear it from the database? 0
Hello,
I have a question.
My husband had a loan 15 years ago, he had difficulty paying this loan, and the bank opened a case, which was solved, and he paid the full loan.
He is still in Dubai and has a good work position.
How is it possible to remove the solved bank case from the database to have the possibility of getting the credit card and loan?
Thank you.
Sep 16, 2024
83
How can I inform authorities I signed a police statement I didn't understand? 0
Good Day,
As someone unfamiliar with local laws and a non-Arabic speaker, the police took my statement but did not provide a translation and told me to sign. I have no idea what they wrote or presented in the case.
The case is now with the Public Prosecution. What should I do to ensure the authorities are aware of this?
Sep 5, 2024
85
Can I bail my husband out if I'm a visitor and provide my passport? 0
Dear Lawyers,
My husband is under investigation, and I want to get him bailed out from detention.
However, I am a visitor. Can I get him bail by providing my passport?
Aug 29, 2024
106
How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
137
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