Dubai, UAE

What is expected to happen after winning a commercial case for debt recovery?

I have filed a commercial case for debt recovery against the defendant company in Dubai. I have won the case in my favor.

The defendant company's eventual owner and the managing director are Indian ex-pats based in Dubai since more than 30 years.

He is currently in Dubai and I strongly know and believe that he cannot run or leave Dubai in the immediate to long term so he will have to face the execution filed against him.

What is expected to happen (what will be each stage) after we file for execution and the expected timeline I will expect in due course before I can finally recover our funds

Please anyone can guide me in detail and in full explanations.

Thank you!

Elsayed Abdalla

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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