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Dubai, UAE

ما المتوقع حدوثه بعد الفوز بقضية تجارية لاسترداد الديون؟

لقد رفعت قضية تجارية لاسترداد الديون ضد الشركة المدعى عليها في إمارة دبي. لقد ربحت القضية وصدر حكمًا لصالحي.

مالك الشركة المدعى عليها ومديرها المنتدب من الوافدين الهنود المقيمين في إمارة دبي منذ أكثر من 30 عامًا.

إنه متواجد حاليًا في إمارة دبي وأنا أعلم جيدًا وأعتقد أنه لا يمكنه الهرب ومغادرة دبي على المدى القريب أو البعيد، لذلك سيتعين عليه مواجهة قضية التنفيذ المرفوعة ضده.

ما المتوقع حدوثه (ماذا ستكون كل مرحلة) بعد تقديمنا ملف التنفيذ؟ وما هو الجدول الزمني المتوقع قبل أن أتمكن أخيرًا من استرداد أموالنا؟

من فضلك، هل يمكن تقديم المشورة لي بالتفصيل وبشرحٍ واف؟

شكرًا لك.

Momentum Legal & Management Consultancy
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16 Apr 2021, 07:39

Hi,

The timeline, next action, and execution process will be based on many facts including but not limited to: the current status of the case, any final judgment issued or subject to appeal, the manager whose name mentioned in the trade license, does they have assets, bank account, premises, vehicles where the attachment can apply easily or not? Are they reachable and existing or not?

Therefore, if you can forward the case documents, we can provide detailed advice on the best way forward.

SAYED,

23 Apr 2021, 04:00

Hi,

Thank you for your response.

At the time of execution, for sure, the defendant will be in Dubai. He is working from his home and has canceled the commercial lease of his office in Business Bay.

He lives in Palm Jumeirah in a 2 bedroom apartment with only his wife only. All his children are living separately.

His company is still active and he is still doing imports and sales to his overseas offices in Africa.

So he is still very much active doing business but on a low scale and low-key manner.

He can be notified by his cell phone, e-mail, perhaps his home address (which is not the registered address as shown on his trade license).

He has assets in Dubai worth US$ 3 million (residential properties) where he has transferred the title deeds of these properties from his name to his wife's name.

We have a judgment in our favor to seek the full claim amount against his company.

What is the likelihood we can get our full claim amount even if the defendant tries to appeal to the execution judge for settling at 20% or 30% of the judgment amount?

Can we simply refuse any compromise settlement proposal made by the defendant that is less than the judgment amount, and ask the execution judge for sentencing orders?

And if so, what will be the maximum jail sentence that can be ruled against the defendant?

23 Apr 2021, 07:32

Yes, you can refuse the settlement offer and continue with the attachment on his assets.

If you would like to share documents, I can advise further.

Sayed,

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