Questions & Answers
Questions & Answers
8 available 8 • View allClaiming the amount of a bounced cheque from supplier
0
Q: Hi,
We received a cheque from someone who supplies our items and it bounced.
As the amount is more than AED 200000, is it possible to recover our money if that person had already left the country?

Jul 22, 2020
163
أعطيت شيكات لشخص باعتبارها ضمانًا لصفقة لم تتم. كيف أستردها؟

2
س: حررت ٣ شيكات (كل شيك بقيمة مليون ومائة ألف درهم) من الشركة باسم شخص وسيط كضمان، حيث وعدني بتدبير عقد مجزِ من جهة كبيرة - الوسيط لديه معارف ولا يعمل بالجهة.
لم يتحقق العمل ولم يتحصل لدي المبلغ أصلاً فلم أستفد منه شيئًا. أخاف أن يقدم الشيكات للمطالبة القانونية. ليس لديه دليل على أنه قام بالعمل وأتمَّ الصفقة (لا عقد ولا فواتير ولا اتفاقية)؛ مجرد الشيكات بيده.
كيف يمكنني إنهاء الأمر؟ هل أطالبه بالشيكات؟ أخاف أن يثور ويفعل ما أخشاه!
وماذا إن قدم بلاغًا بهم؟ هل أكون ملزمًا؟
ما العقوبة الجزائية والمدنية لعدم السداد؟
أنا مرتبك صراحة ولا أعرف كيف أتصرف!


Oct 27, 2019
838
صديق أخذ شيكًا ضمانًا لمصاريف مدرسة أبنائه ولا يستطيع الدفع. ماذا يفعل صاحب الشيك؟

2
Q: السلام عليكم،
لو سمحت أستاذ لدي استفسار.
أعطيت شيك من فترة مساعدة لشخص وثقت فيه كي يضعوه ضمان لمدرسة أولاده حتى لا يخرجوهم من الدراسة. ما راعني الآن أنه يخبرني أنه ليس لديه أموال ليدفع والشيك سيتم الإبلاغ عنه. هو معترف بالشيك وأنه ضمان لمدارس أولاده.
بمَ تنصحوني؟ وماذا أفعل إذا فتح البلاغ واتصلت بي المحكمة؟
عندي كل ما يثبت كلامه.
الرجاء إفادتي!
مع الشكر!


Sep 18, 2022
179
الأمور الواجب الانتباه لها عند أخذ شيك ضمان من المقاول لحساب الاستشاري
1
س: السلام عليكم،
نحن شركة استشارات. مقاول يريد مبالغ من المالك. المالك موافق بشرط شيك ضمان لدى الاستشاري.
ما أهم الأمور الواجب الانتباه لها بالشيك عند أخذ شيك ضمان من المقاول لحساب الاستشاري؟

Dec 15, 2022
193
مطالبة الموظف بالتوقيع على شيك لضمان عدم اختراق بيانات الشركة



1
س: مرحبًا،
أنا موجود في دولة الإمارات العربية المتحدة وتحديدًا في دبي. منذ فترة أجريت مقابلة عمل في شركة تعمل في مجال السفر والسياحة وتم الاتفاق على الراتب والمُسمَّى الوظيفي.
كان الراتب المذكور مناسبًا وصاحب العمل أخبرني أنه سيرسل عرض العمل.
مع العلم أنه كانت هناك فرصة عمل أخرى واعتذرت عنها بسبب هذا العرض.
فوجئت أن صاحب الشركة يطلب مني متطلبات لكي أبدأ ممارسة الوظيفة؛ حيث أن لديه نظام معلومات بأسماء الزبائن وأرقامهم ويخاف من سرقته، وبغرض الحماية، طلب مني شيك تأمين بقيمة 100 ألف درهم إماراتي، وقال إن هذا الشيك سيكون تأمين في حالة عدم احترامي لقواعد الشركة أو اختراق بياناتها، وفي حال أنني قدمت استقالتي، فإن هذا الشيك سيبقى معهم لمدة سنة.
ما رأي القانون في هذا الموضوع؟
وهل أستطيع طلب تعويض؟
يُرجى العلم أن لدي نسخة من عرض العمل.




Apr 25, 2023
162
Is a bounced cheque case due to a security cheque invalid?




1
Q: Dear Lawyers,
Can the drawer challenge the cheque execution civil case before a judge if it was based on security cheques in the UAE?
Is a bounced cheque case due to a security cheque invalid?





Aug 9, 2024
188
Are there new laws on security cheques and their encashment or use in civil cases?


1
Q: Hi,
Is there any new law regarding security cheques given to banks, where they cannot be encashed or cannot be used to file a civil case?



Aug 23, 2024
236
What legal steps can I take if a security cheque is deposited without a prior notice?




0
Q: Hello,
I hope you can assist me with legal advice concerning a cheque-related issue in Abu Dhabi.
I issued a security cheque for AED 2,000 as part of a short-term rental contract for the period from 08/03/2024 to 07/05/2024. The cheque was blank-dated and provided solely as a security deposit.
However, after four months yesterday, the cheque was deposited by the payee without prior communication, documentation, or an accompanying invoice. Despite multiple attempts to contact the payee, I have not received any response.
Given the situation, I would like advice on the legal options available to me within the Abu Dhabi jurisdiction. Specifically:
What legal steps can I take if a security cheque is deposited without proper documentation or prior notice?
Are there specific regulations or precedents in Abu Dhabi regarding such cases?
I appreciate any guidance you can provide on how to approach this matter.
Thank you for your assistance.





+1
Sep 19, 2024
512
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
222029
Failing to Honour Bounced Cheques in Loans and Other Transactions 8
An interview-format article covering the topic of loans and bounced cheques in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Jan 15, 2020
7047
طبيعة وشروط أمر الأداء في القانون الإماراتي 2
تبرز الحاجة عند وجود تعاملات بين الشركات التجارية والأفراد لإيجاد طريقة ناجعة وسريعة لتحصيل الحقوق للدائنين، ومنها أوامر الأداء. الأصل حق الدائن في الالتجاء إلى المحكمة للمطالبة بحقه قبل خصمه، و الاستثناء الالتجاء إلى طريق استصدار أمر الأداء. وقد أجاز المشرع الإماراتي لكل من لدية سند دين مستحق الأداء ومعلوم المقدار وغير معلق على شرط أن يسلك طريق أمر الأداء لإقتضاء حقه.
Aug 26, 2021
410
Laws & Regulations
2 available 2 • View allFederal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33016
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
148394

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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
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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
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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
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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
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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
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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
293
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
401
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
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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
1681
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
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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.
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Oct 24, 2020
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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.
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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?
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Oct 21, 2020
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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.
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Please help me!
Oct 20, 2020
469
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
1936
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.
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Oct 12, 2020
505

Other answers by
5 5 answers •
View allصدور حكم لصالح البنك بدون علم المدين 0
السلام عليكم،
أنا إماراتي الجنسية. مشكلتي أن البنك رفع دعوى في المحكمة لعدم قدرتي على سداد قرض بسبب الفصل من العمل في سنه 2014، ولم أستطع التواصل لأنني كنت في السجن لأمر آخر.
عند خروجي في عام 2020، علمت أن القضية حُكِم فيها بإلزامي بدفع مبلغ 600 ألف + 10 آلاف تعويض للبنك وتوقيع حظر على جواز سفري، ولم أتمكن من تجديد الجواز لأن البنك قام بالتعميم وعمل بلوك على جوازي. ما الحل؟
أنا لا أعمل حاليًا ولم أستطيع الحصول على عمل بسبب انتهاء الجواز. كيف أقدم طلب لتجديد الجواز والعفو لسد المديونية؟
Jan 7, 2022
316
Execution of a settlement while the company is closed 0
I have gotten a judgment from Dubai court for my final settlement more than 2 months ago. My company has closed now
How can I get my gratuity and how much time does it take?
Mar 6, 2020
1976
Claiming deposit from a real estate agent due to mistrust 0
Hi,
We are quite new in this country; only a few months. We thought that it is a good opportunity to buy a property without seeking legal advice. Unfortunately, we have attempted to buy a property, but we have ended up having more problems.
Currently, we have a dispute with the seller since we have asked our deposit back as the bank valuation came a lot less than the mutually agreed property value.
We have also experienced some other issues that have broken our trust in the real estate agent so we simply want to call off and cancel our contract.
In the contract, there is a section which sets a condition that if the valuation comes lower than a certain amount, this contract shall be cancelled and the deposit should be returned to us, but unfortunately, the amount is missing there.
I was wondering if I still have a valid case to ask my deposit while there isn't a defined amount, but the condition itself is there?
Feb 10, 2020
653
The responsibility of paying EOSB when a partner refuses to bear it 0
Good Day,
My partner and I have been 50/50 shareholders in a transport company for the last 35 years. Now we reached a stage where we can't stand each other.
I offered my partner that I will run the company for 2 years and agreed on remuneration to him with a fixed amount to be paid irrespective of profit or loss for 2 years i.e. 2018 and 2019. We both agreed.
Now we are closing the company, or else, one of us buys the other share and we need to finalize on the payout.
I informed my partner to be equally responsible for the employees resigned in 2018 & 2019 regarding the end of service benefits which he has refused saying that he was not in the company for these 2 years.
Those employees have been working with us before we had this agreement.
Please advise if he is responsible for their payments equally or not.
Feb 5, 2020
415
تجاوُز الوكيل لصلاحيات الوكالة والإضرار بالموكل 0
وكّلت شخصًا لينوب عني بالتنازل عن قضية نفقة. ذهب هو ووكل محامي ينوب عنه وتنازل عن القضية وكنت قد أبلغته بعدها ألا يتنازل بدون أن ألغي الوكالة.
مرت سنة على التنازل، هل أستطيع أن أرفع قضية خيانة أمانة ضده؟
Jan 22, 2020
1296
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