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Arrest in a bounced cheque case filed by the bank after settlement

Last October 2017, my security cheque for my personal loan bounced because I was two months delayed.

When I found out that my cheque bounced, I coordinated with the bank, and they advised me that I need to submit a new cheque and new salary transfer certificate to them and they won't file a case.

I submitted the required documents and paid some amount as well. Last February 21, 2018, I was planning to go to Georgia for vacation and I was arrested due to a case filed by the bank.

I was surprised because I knew that they will not file a case and no one from the bank informed me that I have a case.

The case was filed last November 12, 2017, and I even had communication with the bank for loan re-structuring and during that time they didn't even tell me that I have a case.

I paid AED 10k fine for the case. I was really disappointed by the bank gesture. Why would I go to Georgia if I know that I have a case? I almost spent 5 days in jail.

Please let me know your advice.

Thank you very much.

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Elnaggar & Partners
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8 Mar 2018, 15:53

Dear Questioner,

Basically, the problem is that you have not been properly advised by the bank during the October 2017 incident.

They did not inform you about the filing of the criminal complaint and you did not check if they did. That is a great mistake.

The process of withdrawing the complaint is as simple as issuing a letter to withdraw the complaint addressed to the Police Department in the Arabic language.

You should go with the letter personally or be represented by a Lawyer to submit it, update your records and issue a letter from the Police Department confirming that the travel ban has been lifted.

You may raise a complaint to the bank, but it will not help you. It is basically your obligation to ensure you never bounced a cheque.

Even after rescheduling the loan and fixing your position, it is your obligation to inform the bank's legal department and follow up with them to issue your clearance letter.

Let me know if you would like further clarification and what kind of assistance you may require us to help you with.

Best regards,

Ahmed Elnaggar

18 Mar 2018, 13:48

Thank you very much for the answers.

Is it possible that they can file again a case for the second time for the same loan since they asked for another cheque from me.

18 Mar 2018, 14:50

Yes of course. Each cheque and each incident of non-payment of the loan and dishonoring a cheque is separate.

You better make sure you never dishonor a check.

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