Questions & Answers
Initiating bounced cheques proceedings to recover a debt
Hello!
I lent money to my office colleague. As a guarantee, he gave me three blank cheques. He is no longer working for the same company. He, in fact, is looking for a new job.
It's been two years and he hasn't paid anything. Not sure if I'll deposit the cheque mentioning the amount he borrowed, definitely the cheque will bounce back.
I came to know from my other colleagues that if the cheque gets bounced back, the case will go to the court.
If the court sees that he is unable to pay, they'll write off this amount and he might be sent to prison for few weeks and I'll no longer be eligible to ask him for the money.
Can you please assist on what I should get legally to get my money back?
Thanks!
Dear Sir,
Further to your query, please be informed that you can deposit the cheques within 6 months of the issue date.
In case the cheques get bounced, you can file a criminal as well as a civil case against the person who has issued such cheques.
Upon instituting the criminal case, the opponent will be immediately blocked from travelling out of the UAE and can be imprisoned.
The judgement of the criminal case can be used in civil cases in order to claim your entitlements. Therefore, in our opinion, you can claim your money.
Kindly provide us with the basic information as to:
1. What is the amount stipulated on the cheques?
2. On which date the cheques were issued?
3. Do you have any agreement or email communication proving the above transaction?
For confidentiality, you can provide us with all the above information at info@awsuwaidi-advocates.com or you can call us at 045547635.
Regards,
Aws M. Younis
