Q: I have recently received a Post Dated Bank Cheque from one of my new clients. The bank cheque bounced back. I want to start taking action… A: For the cheque that was returned unpaid, you have to file a criminal and civil case. File an execution case and attach the assets to recover your dues…

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Filing cases to recover the amount of a bounced cheque

Dear Mrs Khan,

I have recently received a Post Dated Bank Cheque from one of my new clients, the cheque date is Thursday 19th Apr 2018.

Today, I called this client to find out that they are not answering calls, and when I went to their office I found it closed and many of their suppliers in the corridors complaining about their Bank Cheques that were bounced back (rejected).

The owner of this company seems to have already left the UAE and none of his employees is answering the phone. So most probably the bank cheque that they gave me (AED 57250) will bounce back Thursday.

So I want to start taking action now. I sold them 10000 boxes of 15 Kg lemon, which they stored in a third-party cold storeroom in Dubai. I went and found that the lemon is still there.

Please, could you tell me how can I legally get back my lemon as I'm 100% sure I will not be paid?

Thanks in advance and please feel to ask should you need more details.

Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

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23 Apr 2018, 10:55

Possession is nine-tenths of the law, is an expression meaning that ownership is easier to maintain if one has possession of something, OR difficult to enforce if one does not.

For the cheque that was returned unpaid, you have to file a criminal case and a civil case.

For the goods that are in the possession of a third party, you cannot take it/claim (article 419 civil code) as the owner. You may try requesting them explaining your situation.

The third party warehouse cannot release the goods to you without the court order as you are not his client (therefore no privity of contract).

23 Apr 2018, 13:48

Thanks for the clarification.

How can I get the Court Order to take the goods back?

Note that as expected, the bank cheque bounced back on Thursday and I have already filed a complaint with the Dubai Police.

Thanks

23 Apr 2018, 13:54

You have to engage an advocate's firm that can do the needful i.e. file criminal and civil cases.

23 Apr 2018, 14:32

How much roughly will it cost me please, and how long this will take?

Because my goods are lemon perishable goods, so if it will take more than a week then no need to recover perished items.

23 Apr 2018, 14:50

It will take time. Please contact an advocate's firm.

After 5 to 7 days from the date of the case being filed, the court bailiff’s office will then serve the claim/summon on the defendant, and the first hearing date will be set.

This is usually 2-3 weeks after the case has been filed.

If the defendant cannot be located/summoned and not served, then the court will usually order that the claimant assist the court in finding the address.

If this is unsuccessful, then the Court will usually order that summons to be served by way of publishing the details of the case in a local newspaper.

If the defendant ignores the claim or cannot be located, it is possible to obtain a judgment in the defendant’s absence.

Then you can proceed to file an execution case and attach the assets to recover your dues.

If the defendant is represented or an expert is appointed, the process will be a bit longer.

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