Q: Due to job loss, all my CHKs (cheques) bounced & the real estate wing of a local bank in Abu Dhabi sent all the 3 CHKs to police for filing case. Q.1- The Police processed only 2 CHKs, It was good for me but the question is why the 3rd one was not processed? Is it due to SABQA FASAL? I have a feeling now that (as per question 2 below) since one of my cases is closed, they will start the 3rd one now. Q.2-  Yesterday in Sharia Court, the Judge gave the judgment and gave me a fine of AED 3000/= and police case finished. Now 2 questions. a) Will the company file a civil case on me? b) If yes, then for how many months will they have to wait before they do it? Q.3- Now, my lease has also expired in July & the grace period of 1 month also ended by Aug 20, 2018. I received a letter from that company to renew the lease or they will file a case for eviction. What should I do here? Q.4- My other 2 CHKs hearing is due next week in Rahba Court, is it safe to ask the Judge to give a judgment? (I heard now on personal CHKs there is no Jail).

Q: Hello Advocate Nikhat, How are you, Madam? My house is in Abu Dhabi and I had rent bounced cheques due to my job loss. Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won't he consider what we say about how much we can pay? Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments. Now, I understand that once the instalments are finalized, then we have to pay them regularly. The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct? Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time? Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?

Q: I have a case from Dunia Finance regarding a bounced cheque amounting AED 50,000 and I was caught and detained in Abu Dhabi for 3 days. They give me a bail for AED 2000 and I was released. What should happen after this, and how do I know if I am cleared or I need to attend in court? Please advise what will happen to my case after paying the bail. Thanks and regards, Ramel

Q: Hello, I am not currently in Dubai. I have two cases of bounced cheques. I need a lawyer to push them into fines so I can pay for them and fly back into the country. Kindly let me know the cost of doing this!

In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.

As the civil and commercial transactions in the UAE have been growing rapidly, and due to replacing cash with other financial instruments such as cheques for big amounts of money, this had caused some hiccups at times leading to criminal and civil consequences on the person who defaults on fulfilling obligations.

This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.

The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.