Questions & Answers
The procedure of filing a case against a debtor who fled to home country
We are a Dubai-based company and had business relationship with another Dubai registered company whose owner is Lebanese.
The company owes us close to AED 1.8 million as their cheques were dishonoured.
We have filed a case against the company with Dubai Police, but the owner has since returned to Lebanon.
Although we have contact with him he is not committing as to when he will pay us.
Can we file a case against him in Lebanon, and if so, how do we go about it?
I hope you are doing fine.
Pursuant to your query and in order to advise you on what necessary step to take, it will be important to review the contract entered into with the Lebanese company.
For confidentiality, you can send me an email on aws@awsuwaidi-advocates.com or info@awsuwaidi-advocates.com, you can also call on 045547635.
Looking forward to your response.
Do have a beautiful day.
Dear Sir/ Madam
In such cases, one should always adopt both the options of criminal as well as civil action simultaneously. This is important because in a criminal case as long as the accused is not arrested, he is free to leave the country.
On the other hand, if one files a travel ban application followed by a civil case within 7 days from the date of the order of travel ban, it becomes difficult for the accused not only to continue fighting the case but also negotiate any settlement.
In most circumstances, he prefers paying the full amount. Most importantly, his presence is totally secured in the region and naturally, recovery chances are almost guaranteed.
One must always remember that filing only a criminal case ensures imprisonment but not recovery of the dues.
However, in a situation like yours, it is advisable to file a civil case in the UAE through appointed lawyers and thereafter execute the judgment in Lebanon and recover your outstanding dues.
Kind Regards,
Khalifa Advocates and Legal Consultants
