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الطريقة الصحيحة لتسجيل قضية ضد شركة مدنية لاسترداد الأموال المستحقة

هناك شركة مدنية تدين لي بالمال. ولقد أصدروا إقرارًا كتابيًا بالديون. أريد رفع قضية أمر أداء ضد الشركة.

نظرًا لأنها شركة مدنية، ينص القانون على أن المدير والشريك مسؤولان عن سداد الديون من أصولهما الشخصية في حالة عدم قدرة الشركة على الدفع.

سؤالي هو:

هل يجب عليّ تسجيل الشركة المدنية وحدها باعتبارها المدعى عليه؟

أم يجب أن أسجل اثنين باعتبارهما المدعى عليهم في القضية: الشركة المدنية باعتبارها المدعى عليه الأول والمدير أو الشريك بصفته المدعى عليه الثاني؟

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Elnaggar & Partners
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16 May 2021, 13:34

Register against the company, and manager in his personal capacity and as a legal representative of the company. The same title will be against the partner as well.

17 May 2021, 11:00

Can the manager be made a party to the case as legal representative of the company during the filing of the performance order case?

Or the manager can only be added in the execution lawsuit that follows the performance order lawsuit?

Do the courts approve 15 million AED performance order lawsuits when based on correct admission of debt, or will they transfer this value of the case to the civil court?

17 May 2021, 11:50

The manager needs to be added to the original lawsuit so the verdict includes him as a defendant, then you can execute against him.

Regarding such amount, it is strongly recommended to proceed with these litigations through a law firm, send me an email with documents and briefs and I will give you an evaluation.

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Colin Biggers & Paisley Lawyers (Middle East)
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16 May 2021, 13:52

Dear Questioner,

The performance order can be filed against the company and the manager can be made a party to the case as a legal representative of the company.

We can assist you in filing a performance order against the company.

You can contact us via phone or email for a detailed discussion and assistance.

Thanks!

17 May 2021, 10:58

Can the manager be made a party to the case as legal representative of the company during the filing of the performance order case?

Or the manager can only be added in the execution lawsuit that follows the performance order lawsuit?

Do the courts approve 15 million AED performance order lawsuits when based on correct admission of debt, or will they transfer this value of the case to the civil court?

17 May 2021, 11:43

Dear questioner,

We need to review the documents in order to give you appropriate legal advice. We can set up a free consultation for 30 mins in our office to discuss this matter and guide you with the next steps.

Please contact us via phone or email to fix an appointment.

Thanks!

Momentum Legal & Management Consultancy
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16 May 2021, 16:43

We can assist with the payment order.

Please share a copy of the documents to advise on the obligated party.

We are fully aware of the process which requires 5 days' notice and the decision can be made in few days.

Kindly contact us via phone or email.

17 May 2021, 10:59

Can the manager be made a party to the case as legal representative of the company during the filing of the performance order case?

Or the manager can only be added in the execution lawsuit that follows the performance order lawsuit?

Do the courts approve 15 million AED performance order lawsuits when based on correct admission of debt, or will they transfer this value of the case to the civil court?

17 May 2021, 13:50

Can we review the basic documents; only being their trade license and the undertaking deed itself to provide accurate advice?

We prefer this due diligence rather than just confirming to satisfy you.

Please feel free to share and we are ready to sign a confidentiality agreement first.

Regards,

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Mohammed Bani Hashem Advocates & Legal Consultants
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17 May 2021, 07:41

Dear questioner,

Pursuant to the query, you can file a case against the company and the manager as a legal representative of the company.

We can help you to file a performance order. Further, we need to know your matter in detail to give you proper advice.

Kindly contact us via phone.

Thank You!

17 May 2021, 10:58

Can the manager be made a party to the case as legal representative of the company during the filing of the performance order case?

Or the manager can only be added in the execution lawsuit that follows the performance order lawsuit?

Do the courts approve 15 million AED performance order lawsuits when based on correct admission of debt, or will they transfer this value of the case to the civil court?

19 May 2021, 09:50

Dear Questioner,

Pursuant to the query, we need to check your documents and know your matter in detail to give you proper advice.

Kindly contact us on the phone.

Thank you.

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