Questions & Answers
Questions & Answers
7 available 7 • View allDealing with a case by the bank for defaulting on a loan
6
Q: Dear Sir,
I have not paid a loan amount of AED 82000/- due to job loss. The bank is threatening to deposit a security cheque for AED 220,000/-.
How will the bank deposit more than the outstanding amount?
If the amount exceeds the cheque amount of AED 200,000/-, what is the next action by me?
Please clarify
Thanks and regards
Seshad

Feb 28, 2019
4602
Defaulting on the payment of dues and threat in home country
1
Q: Dear Sir,
I was working in Jebel Ali free zone Dubai and I lost my job in 2015 due to company downsizing, and I had a loan from a bank which I was not able to pay off.
I tried looking for a job when I was in Dubai during my visa cancellation process but was unsuccessful. I came back to my home country after, but when I came back and I had an accident and now after recovery.
I was trying to get a job in the UAE and pay back the bank outstanding but no good luck for me. And now, I got an offer from one company in my home town.
I just wanted to know how to handle the above issue after few people visited my home town and said we are from recovery and they are threatening my mother saying they will bring more people to recover the payment.
Kindly advise what the UAE law said regarding the above issue. I even sent to the bank regarding paying back the payment if I will get a job in hometown and get salary in Pak. Rs.
But till now, no reply from the bank regarding the above request.
Please, give your expert opinion.

Jul 23, 2019
1899
Checking for a travel ban and settling a loan with a bank




2
Q: I defaulted on a loan plus credit cards.
I have left UAE almost a year ago and stopped paying my loan and credit cards. The security check I have issued was AED 350,000 but the outstanding loan amount was only 181,000. Now I got a job offer and I am trying to discuss with the bank the settlement plan.
The bank advised me that the total outstanding including two credit cards is 240,000. They are not cooperative and do not respond on time. If I sign the employment contract and travel to the UAE, what are my chances?
1. Will it be possible to be jailed? Denied a work permit or employment visa?
2. Will it be possible for me to negotiate an installment plan with the bank or pay fine and get released?
Please advise!
Thanks





+2
Mar 31, 2020
3004
Clearing a cheque bounce case by the bank and cancel jail term from outside the UAE
0
Q: Hi,
Now I’m in India since 2018 and have a cheque case in the UAE (Amount AED 350000).
I had given ‘X’ party a cheque and they discounted from the bank, but the bank has filed a case under my name and X party holder name.
During my absence, the court has already judged 18 months in jail. So how can I clear the case with the use of a POA without my presence?

May 28, 2021
447
How to restructure a loan for the second time due to job loss?


2
Q: Dear Sir/Madam,
I was living and working in Dubai and had a personal loan in the amount of AED 1,000,000. I was paying my monthly payment of about AED 23,000/month regularly but then I lost my job.
I went to the bank and informed them about the job loss and asked for restructuring. They restructured and brought my payment down to 13,000/month. I paid for 2 months but could not make any more payments since I ran out of money and have now defaulted.
Is there a way for someone to help or guide me on a way out of this situation?
I can afford to make a payment of AED 4,000/Month.



Aug 30, 2022
311
The bank is going to file a criminal case upon client's job loss. What to do?

2
Q: Dear sir/madam,
I am late with a partial EMI payment due to the loss of my job knowing that I was never late for any payments for 13 years and all my end of service was paid to the bank.
Now they keep saying that since I cannot give an actual date of providing the left payment, they will take immediate action and open a police case.
Why are collection teams given the right to threaten and mistreat customers and always use criminal cases immediately?


Aug 30, 2022
289
Brother's address was provided for getting a loan and it is not paid. Can he travel to the UAE?

1
Q: Hi,
I have 2 credit cards in the UAE.
Due to Covid-19, I returned to my home country without paying my dues.
When I was requesting a credit card, I provided my brother's mobile no and address in my home country to the bank person.
Now randomly, the bank is contacting my brother about my bank dues.
The issue is my brother wishes to come to Dubai for work. If he comes to Dubai, may the police or bank catch him and ask for my bank dues?
Or can my brother work in Dubai without any issues and enter without any issues?
Please explain to me!


Sep 26, 2022
298
Legal blog
2 available 2 • View allThe Consequences of Job Loss and Defaulting on Financial Liabilities 26
The management of individual financial affairs is crucial and all the actions must be weighed down while committing to any financial liability. Whether it's job loss that may have lead to financial failure or the opposite, one must be aware of the personal liability which will not diminish by paying fines for cheque bounce cases. There are two major types of liabilities, criminal liability and civil liability. Each has its own significance, hence, must be dealt with accordingly.
Feb 12, 2019
18908
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
7052
Laws & Regulations
3 available 3 • View allFederal 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
148442
Federal 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
47925
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
3539

Premium
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183 183 answers •
View allThe landlord refuses to wait for days beyond rental cheque due date. What to do? 0
Dear sir/madam,
My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow.
Of course, the cheque will bounce, what would be the procedure then?
Do I have a certain amount of days before eviction to pay the rent?
Sep 25, 2022
493
What happens when the property is sold mid-lease? 0
Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
777
Evicting an employee from school accommodation while a labor case is pending 0
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
136
If I have a travel ban in KSA, can I travel to the UAE on a work visa? 0
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
1912
Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 0
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
457

Other answers by
27 27 answers •
View allThe consequences of resignation during the probation period 0
I joined a hospital as an office staff a month ago and have been working for one month. Now I am under a probation period which is for 6 months. I am on a husband's visa and did not take any facilities such as medical insurance, accommodation, or visa.
I am not comfortable with the work atmosphere and would like to resign from there.
What will be the financial and legal consequences?
I heard they normally charge 45 days salary and a ban is imposed even under probation period.
What should I do to terminate the contract?
Aug 13, 2021
555
What are the rights of employee in case of redundancy due to COVID-19? 0
I was terminated from employment in June 2021 after receiving and working 1 month's notice. I was on an unlimited contract.
I am still waiting for 2 months' salary, gratuity and leave payment which my employer accepts is due but still not paid.
I have raised a complaint with MOHRE and have the approval to go to Court. However, I was terminated as a result of the employer citing that due to COVID-19 they need to reduce salaries by 30%, letter dated 22nd Apr 2021.
As I refused to sign, I was then terminated, via a letter dated 3rd May 2021, which stated "due to restructuring", my position had become redundant.
The question is - Am I able to claim Arbitrary Dismissal for up to 3 months salary for the unfair termination?
Aug 17, 2021
291
التوقيع على الاستقالة قبل الحصول على المستحقات 0
السلام عليكم،
لقد اضطررت لتوقيع استقالتي قبل أخذ مستحقاتي. هل يمنعني ذلك من المطالبة بمستحقاتي طبقًا لقانون العمل الإماراتي؟
علمًا بأن عقدي محدد المدة ولم يتم إخطاري كتابة.
Nov 2, 2021
353
نفقة وحضانة الأبناء في حالة الطلاق للضرر 0
السلام عليكم،
أشكركم على هذه الخدمة الجليلة ووقتكم الثمين!
رفعت زوجتي قضية طلاق للضرر في محكمة الشارقة الشرعية وخسرتها (لم يثبُت الضرر) واستأنفت و خسرت أيضًا.
الآن رفعت قضية جديدة وعيَّنت المحكمة حكَمين وأتوقع أن تكون توصيتهم بالطلاق.
سؤالي يتعلق بالأبناء، لدي ابن وابنة: الابن عمره 14 سنة و8 أشهر مقيم في الإمارات والابنة عمرها 17 سنة و5 أشهر وغير مقيمة في الإمارات وتدرس في الجامعة خارج الدولة.
أسئلتي كالتالي:
- هل للمحكمة ولاية على ابنتي بالرغم من أنها لا تملك إقامة في الإمارات؟
- هل يمكن للزوجة طلب الحضانة للابنة مع أنها تقيم في الإمارات بعيدًا عن الابنة؟
- هل في العادة تحكم المحكمة للأب بحضانة الابن فوق الـ11 سنة أم ستسأل الابن كي يختار مع مَن يقيم؟
- عند الطلاق لن يكون للأب زوجة، فهل يؤثر ذلك في حضانة الابن بالنسبة للأب؟
- ما النفقة المتوقعة إذا كان راتبي 17500 درهم شهريًا؟
Aug 26, 2021
1529
هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر؟ 0
هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر أم يفصل فيها بعد انتهاء العدة؟
الخلفية:
الزوجة رفعت قضية طلاق للضرر (محكمة الشارقة الشرعية) وخسرتها ثم استأنفت وخسرتها أيضًا ولم يثبت الضرر.
الآن رفعت قضية جديدة وتم تعيين حكمين من المحكمة ويُتوقَّع طلاق المدعية.
Aug 24, 2021
336
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