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الإطار الزمني لرفع القضايا المدنية والجنائية لاسترداد شيك مرتجع

لديّ شيك بقيمة 400 ألف درهم بتاريخ 1 أبريل 2018. هل يمكنني معرفة ما إذا كان لا يزال صالحًا من الناحية القانونية رفع قضية شيك مرتجع لأن مُصدر الشيك لا يزال متخلفًا عن سداد الأموال؟

علمت أن البنوك لا توافق على قبول الشيكات بعد مرور ستة أشهر، هل هذا الأمر صحيحًا؟

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Elnaggar & Partners
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2 Mar 2020, 12:19

Dear questioner,

If the bank cannot accept to encash this cheque, you still have the absolute legal right to claim your money back from the debtor.

Please feel free to contact us via phone or email to assist you to file the case against the debtor.

Thank you!

2 Mar 2020, 12:21

How much do you charge to deal with this?

Also, is it possible to file both criminal and civil cases?

Is there any validity of the cheque?

2 Mar 2020, 13:10

Dear questioner,

Regarding your abovementioned inquiries, please find my comments below as follows:

1- Our professional fee is AED 40,000.

2- It is not possible to register the criminal case at all. The time is passed; and

3- Yes, there is as the criminal code says.

Please feel free to contact us.

Thanks!

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Maryam Hayyaz & Wejdan Bushahab Advocates
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2 Mar 2020, 12:25

Dear questioner,

We can help you to recover the money.

Kindly contact us via phone for a detailed discussion or write us an email for further assistance.

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Dar Al Haqooq Legal Consultancy
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3 Mar 2020, 03:12

If the cheque is not deposited and you do not have a cheque return memo, you can not file a police case against the defaulter. However, the civil case can be filed if you have proof that the money was not paid to you.

Thanks!

Bin Nakhira & Partners
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3 Mar 2020, 06:05

According to Article 617 of the Commercial Transactions Law, a cheque drawn and made payable in the State or abroad shall be presented for payment within six months.

The time limit mentioned in the previous paragraph shall run from the date on the cheque purporting to be the date of issuance.

The drawee may pay the value of the cheque even after the expiry of the time limit set for presentation.

Objection by the drawer to the payment of the cheque shall not be entertained except when it is lost or if the bearer becomes bankrupt.

The bank must pay the cheque in spite of the drawer's objection in cases other than those stipulated in the foregoing paragraph. The Court may not order to stop payment even where an action is filed on the origin of the right.

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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3 Mar 2020, 16:15

Dear questioner,

For sure, you can’t file a complaint at the police station, but you can submit an urgent case to court to get a quick judgment which can help you to go directly to execution to force it against the other party to give your money back.

But if you can’t afford court fees, you can start with the official legal notice which will be sent by the court, it may push the other party to negotiate with you.

Best regards,

Mohmed Gadalla

Legal Consultant

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