Questions & Answers
What to do if you default on commercial lease and get a bounced cheque judgment?
I have got a decision against me from RDC for 1.5 million.
I issued the cheque but the contract is in somebody else's name. Also, the manager is another person but I issued the cheques of my company.
I want to know how RDC will start the implementation of judgment because I lost all of my business during Corona.
Dear Questioner,
If the judgment has already been issued and you are the cheque signatory, the enforcement process will be commenced and will start with queries on your assets until an arrest warrant.
Please share more info for more details.
Regards,
Sayed
Dear Questioner,
Based on the facts mentioned, I understand that you have signed a check from your company's account towards a rental agreement that belongs to a different company where you are not part of it and as well its manager is a different person.
And it seems that the check has bounced.
Kindly note that from your question, I assume that there must be more details on the subject than you mentioned because it is very unlikely that the RDC decision will be issued against a party that is not represented in the agreements.
This means; either the RDC has issued its decision against the tenant in the contract and not you or you are in some way represented in the contract.
So, I advise you to respond with more clear facts than what you mentioned as without complete facts we will not be able to provide you with an accurate answer.
The other possibility is that you had a criminal complaint against you because of the bounced check which in this case not an RDC decision but a Public Prosecutor decision.
In this case, the execution of the criminal complaint against you will have nothing to do with the RDC decision and in this case, it means that your name is listed on the travel ban list. This is for the criminal part of the conflict!
As for the civil part, the claimant has the right to start an execution file against you and search - investigate if you have assets inside the UAE to confiscate or if they want to go further in the search if they don't find any assets for you inside the UAE to chase you through the Interpol for the criminal side and through foreign courts to execute the verdict against you in your home country or worldwide wherever you are to be found!
If you wish to clarify your situation and get proper and accurate legal advice about your situation and make the relevant checking through the authorities' offices in the UAE, we are able to assist you with great expertise in the subject!
Best regards,
Ahmed Elnaggar
