Dubai, UAE

Can I re-open criminal and civil cases for fraud after withdrawing them?

I filed criminal charges of fraud against a Dubai resident in 2018 through a UK debt collector. The debt collector told me the criminal case had not been accepted, and so did the defendant. The debt collector may have filed a civil case.

The defendant promised to pay me back and pressured me into withdrawing the civil case. I agreed and signed a waiver to withdraw the civil case. He sent me the waiver to get notarized. I live in the UK.

However, I now suspect that the criminal case may have actually been accepted after all (without my knowing) and that the defendant tricked me into waiving my criminal and civil rights so that the court would be lenient.

What can I do now? I would never have signed the waiver had I known the criminal case had been accepted.

I presume I cannot file the same charges again?

I have evidence in whatsapp chat of him saying there was no criminal case accepted.

Khaled Mahmoud Shibl

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)

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11 Aug 2021, 06:52

Hello,

As per your query you can file a separate case for deception or fraud against him since the matter has been settled.

Please call or email.

11 Aug 2021, 07:23

How do I get the case reference number for any criminal case that may have gone ahead, the charges that were made, and the verdict?

He committed many acts of fraud so he may not have been charged for all of them, in which case I can file again for those.

11 Aug 2021, 13:27

Hello,

You have to appoint a lawyer with a power of attorney and they will search for the cases against you.

Please bring all documents to us then we can say which kind of case shall be appropriate.

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Sunil Ambalavelil

Colin Biggers & Paisley Lawyers (Middle East)

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11 Aug 2021, 07:11

Dear Questioner,

Did you notarise the settlement agreement?

You can file a new case against the defendant on the basis of the settlement agreement if it is notarised and has terms on execution.

Further, we need to review the terms of the settlement agreement in order to give you appropriate legal advice.

Please send us a copy of the settlement agreement and all supporting documents at our email so that we can review the same and guide you with the next steps.

Thanks!

11 Aug 2021, 07:30

There was no official settlement agreement in the waiver, just his verbal promise to pay if I withdrew the civil case. Of course, he has paid me nothing.

Does withdrawing a civil case mean that I can never file a case for the money again?

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