Questions & Answers
Questions & Answers
6 available 6 • View allClaiming credit card dues after returning double the amount
0
Q: Hi,
I have a credit card of 30k limit. I used it fully and paid them back almost 40k extra. I have receipts for 65000 or more.
They presented the cheque in police and filed a case against me but I paid them more than their actual amount. So now what type of punishment they can give me?
The cheque amount was 100k. I want to ask you, their limit was 30k but they presented the cheque with 100k.
Isn't it illegal? And what is the procedure to get rid of this tension?
I shall be thankful to you
Best regards

Oct 23, 2019
482
Proving the actual amount in a bank case for a personal loan 
3
Q: Dear Madam,
I took a personal loan from a bank for AED162,000/- and paid AED 139,000/-. Now, the balance is 84,000/- (with interest).
I received information that the bank has filed a case for AED 219,000/-. I did not pay the monthly EMI of AED 4,538/- for more than 6 months due to job loss.
How is the bank filing a case for 219,000/- instead of the actual amount?
What is the procedure to reply to the bank against this case?
Please advise.
Thanks and regards,
S.

Mar 26, 2019
1501
Criminal case for defaulting on the payments of a loan
0
Q: Dear Sir,
The bank filed a criminal case against me for security bounced cheque of AED 220,000/-.
Actually, I took a personal loan for AED 162,000/- only for 48 months and the EMI per month is 4,538/-. I have paid 30 EMI for AED 140,000/-. I didn't pay the EMIs last few months.
So the bank deposited my security cheque for full value. What is the expected fine or judgement for the above?
How long it will the case filed in Dubai police station take?
Thanks and regards,
N.

Mar 28, 2019
740
Can the bank file a civil case after I paid the fine in bounced cheque criminal case?
3
Q: Hi Lawyer,
I had a criminal financial case for a cheque return from a bank credit card for 55,000 in 2020 and paid AED 5,000 fine penalty from the court to remove the case.
Now the bank is contacting me regularly asking to settle an amount of AED 400,000.
Can they put a case for the entire amount? or the amount which I really owe them?

Oct 5, 2022
470
We are late for rent in a hotel apartment. Is it legal to deposit a cheque for a higher value?


1
Q: We live in a hotel apartment in Bur Dubai which is closing down on March 31, 2023. We have always paid our rent on time.
However, we have dues of AED 22147.27 as of the date and they have an undated cheque of AED 28936 with them from us.
We promised them we will clear the dues between the 15th and 18th of this month, maximum by the 20th, and leave.
They are insisting on depositing the cheque by this evening even though for a higher amount and threatening further action.
Our questions:
1. Can they deposit a higher value cheque when the dues are much lesser?
2. What is the action open to them - can they evict us and if so, how soon?
3. We will clear the dues between the 15th and 18th, maximum by March 20, 2023, and they are not listening to the same. If we clear these dues and give our commitment in writing, can they still enforce action today/tomorrow?
Kindly advise.



Mar 14, 2023
123
How to settle the credit card payments with the bank that demands a lot more?


0
Q: Hello,
Some time ago I took a credit card with AED 15,000 credit limit. I ran into financial issues and the bank gave a cheque to the police and I paid the fine.
Now I want to settle and close this with the bank. I spent AED 7,500 on the card and I already paid AED 25,000 to the bank because of late payment fees, interest, over-limit charges, etc.
But the bank is demanding an additional AED 25,000.
Does that mean by spending AED 7,500, I have to pay the bank AED 50,000???
Is this allowed by the bank because it seems very unfair?
How can I resolve this issue?



Apr 3, 2023
113
Legal blog
3 available 3 • View allBounced 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
222203
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
Bounced Cheque Cases & Cheque Execution in Dubai as per the New Law 9
What shall I do if I have a bounced cheque? You need to contact your lawyer as soon as possible to issue a travel ban against the person who issued the bounced cheque. It should be noted that time plays a very important role in bounced cheque cases.
Aug 15, 2022
903
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
47925
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
148442
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19102
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

Other answers by
157 157 answers •
View allكيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟ 0
كيف يمكن لشركة ذات مسؤولية محدودة أن تعلن إفلاسها؟
Feb 3, 2022
1728
Can the new owner of an apartment increase my rent if it is against RERA Index? 0
Hi
I'm a tenant of an apartment and a new owner has purchased the apartment. I would like to know:
1. Should I revise the Ejari by canceling the previous one and applying for a new one?
2. My current rent is 35% less than the current market value. Can the new owner change the rent as per the market value, or he still has to follow the RERA Index calculator for a new contract?
Nov 19, 2023
113
I agreed with my landlord to increase the rent 10% I pay in cash. Should I insist on changing the contract? 0
I'm staying in JLT in a house with a rent of AED 140,000 per year. The lease starts on 1st Sep '23 and expires on 31st Aug '24.
The landlord sent me a legal notice from the Dubai Courts in mid-Sep '23, giving me 1-year notice to vacate the house as he plans to sell the house. The notice was received by me through email from the court.
He claims the email notice sent by the court is not valid till I receive it by courier via Aramex for my physical signature. Can you please confirm if this is true?
The landlord is now ready to let me stay in this house for two more years. He has proposed that we maintain the existing lease agreement and Ejari. However, I should pay him AED 14,000 in cash (10% increment).
We will sign a separate paper document wherein we will agree that I will further rent increase of 10% (10% on (140,000+14,000)) on 1st Sep'24 when my current lease expires.
Should I insist on making a fresh written contract with the higher rent (140,000+14,000=154,000)?
Nov 18, 2023
139
Is it possible to terminate a labor contract before the end of the two-year term? 0
Hello.
I have been with my employer for 15 months, and my employment contract is for two years.
Is it possible to terminate the contract before the end of the two-year term?
Nov 24, 2023
129
I have signed Form F and got the mortgage but the seller is in breach. What to do? 0
Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks
Nov 16, 2023
899
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