Questions & Answers
Questions & Answers
6 available 6 • View allRecovery of cheque amount from debtor as per an agreement

0
Q: Hello Sir,
One person had given me a cheque of AED 154000 and we made an agreement for this cheque. He was supposed to pay the whole amount before Nov 2018, but until now he paid only AED 29000.
Now, he says he wants that cheque of AED 154000, and in return, he will give another new cheque deducting the amount of 29000.
But the agreement says upon receiving the complete payment of AED 154000, the cheque will be returned. We agreed and signed he is threatening he will not pay any money.
I want to ask, can we bounce this cheque and file a case against him? Can we directly put a travel ban on him after his bounced cheque?
Please explain.


Jan 13, 2019
624
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
Using an old security cheque against a loan after issuing a new payment plan
2
Q: Dear Sir/Madam,
I have a loan from a bank that has 2 EMIs/payments pending. For that, they have already presented the security cheque (100K) and a case is already filed at Al Barsha police station.
Now they are threatening to drop another cheque for (189K) under the same loan and file a civil case. They are holding all my previous cheques and did not return them while a new payment plan was issued.
Is it right for a bank to drop as many security cheques against one product/loan?

Nov 28, 2021
371
What to do when you give a cheque to a finance house and it changes its name?
0
Q: Assalamu Alaikum Sir,
My name is N. I had given one cheque in the name of a finance house. Now the finance house name is changed to another name.
Can the cheque with the new name company I gave change? Can they use the cheque with the new name that I have given in the old name?
Please reply.
Thanks & regards.
N.

Jan 10, 2022
400
ماذا يحدث في حالة تقديم شيك للبنك وارتجاعه؟
3
س: السلام عليكم،
ما الذي يحدث في حال تقديم شيك للبنك وارتجاعه بسبب عدم وجود الرصيد؟
هل يُفتَح بلاغ في النيابة أم أن هنالك طريقة أخرى؟
وبعد فتح البلاغ، ما الإجراءات التي تتم؟

Sep 6, 2022
237
رفض المستفيد تحصيل قيمة الشيك المرتجع رغم توفر رصيد


1
س: مرحبًا إخواني،
ارتجع لي شيك بمبلغ ١١ ألف درهم، علمًا بأن المستفيد قدَّمه بعد تاريخ الشيك بـ١٠ أيام. كان يتوفر رصيد كافي للصرف في تاريخ الشيك المقرر وأنا فعلاً نسيت الشيك ولكن قلّ الرصيد ورجع الشيك. تواصلت مع المستفيد لإخباره بإعادة صرف الشيك مجددًا فلم يرد وتجاهل الأمر.
المبلغ متوفر بالحساب منذ شهر ويأبى أن يصرف الشيك. هناك خلاف سابق بيننا بصفتي مستأجرًا لعقاره بقضية وقد كسبتها مسبقًا. قام بتوجيه إنذار لي من المحكمة للسداد خلال ٣٠ يومًا. تواصلت معه وأيضًا لا يرد.
ماذا يمكنه أن يفعل ضدي في هذه الحالة والمبلغ متوفر بالحساب؟ وهل هناك حبس أو تعميم؟
علمًا بأنني أحاول الوفاء له.



Jan 11, 2023
327
Legal blog
3 available 3 • View allFailing 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
7036
Bounced 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
221919
Summary and Substantive Claims in the UAE Civil Procedures Code 13
This article is related to the Civil procedure in the UAE. The procedure includes both payment orders on the basis of cheques and original documents as well as the normal civil procedure where the plaintiff has Invoices, agreement, and documents to prove the claim in the civil court.
Nov 29, 2020
6474
Laws & Regulations
4 available 4 • 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
47897
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
148347
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
75281
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
3528

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