Questions & Answers
Questions & Answers
7 available 7 • View allHow to file a performance order lawsuit against a company and its managers?



3
Q: A civil company that I had dealings with has 2 partners. Each partner is also the manager of the company.
The civil company had sent me a statement of account and a letter acknowledging a debt. They confirmed in writing that they will pay me AED 153,500 on 10th September 2021.
The letter is on the company's letterhead and has the sign of one of the two managers/partners of the company.
They did not pay me till now.
I wish to register a Payment Order/Performance Order (Amr Al Arida) lawsuit against the company since my right is unconditionally confirmed in writing.
QUESTION: Should I make the lawsuit only against the civil company as respondent, or should I also mention the two managers/partners as respondents i.e. a total of 3 respondents?
Please guide me.
Thank you.




Dec 26, 2021
325
The right way to register a case against a civil company to recover money



1
Q: A civil company owes me money. They issued written and signed acknowledgment of debt. I want to start a performance order lawsuit against the civil company.
Since it is a civil company, the law states that the manager and partner are liable from their personal assets in case the company cannot pay.
Question:
Should I register only the civil company as a respondent?
Or should I register two respondents in the lawsuit: the civil company as respondent 1 and the manager/partner as respondent 2?




May 17, 2021
714
Procedures for a Performance Order lawsuit and its execution

5
Q: I registered a Performance Order lawsuit. I received a decision in my favour.
The respondent received a notice to register an appeal within 15 days. The 15 days have elapsed. What is the next step to register an execution case?
There is no judgement in the file, only the decision obliging the respondent to pay and then the decision that respondent has 15 days to file an appeal.
Should I make a petition for "Executive Writ" now or register an execution case directly?


Oct 15, 2020
3316
Is a manager of an LLC company personally liable for paying the rights of an employee?

2
Q: Dear sir/madam,
I am a partner and a manager of a Dubai-based LLC. We lost a court case against our previous employee with 100k. The company does not have money to pay.
I asked two lawyers if I am personally liable, one lawyer said no, and the other lawyer said that the judge can even arrest me or place a travel ban on me.
I had the full authorization of any documents, bank transactions, or business activities. Everything was 100% on me only.
Now I am totally lost on which lawyer to trust and to believe. Could someone kindly get back to me with a third opinion?


Jun 14, 2022
346
Can a new execution order be submitted to seize assets upon discovering new ones?


1
Q: Hello,
My execution order in November 2023 to seize the assets of the company manager returned with:
"After reviewing the traffic system, it was found that there was no traffic file + no bank accounts."
Does the court allow me to make another execution order to seize assets and freeze accounts if there are assets since the previous order?
Thank you!



Jun 10, 2024
93
How is Article 322 of UAE Civil Procedure Law interpreted?



1
Q: Dear Lawyers,
Conditions for placing the manager of a debtor company in jail.
Article 322 of UAE Civil Procedure law states as follows:
"If the debtor is a private legal entity, the order shall be issued for the imprisonment of who represents the company legally or any other person if the refusal from execution is attributed to them personally."
Does "the refusal from execution is attributed to them personally" apply only to "any other person" or also applies to "who represents the company legally"?
If I ask for the detention of the manager or partner of a company, have I to prove that the manager/partner is refusing to execute the writ?
This is a general question regarding the interpretation of the law. It is not linked to my cases or documents.




Jul 11, 2024
45
Company assets blocked and a travel ban imposed. What’s the next step to recover my dues?




1
Q: Dear Lawyers,
My case is in the execution court. I have taken multiple measures, including blocking the company’s traffic file, bank accounts, and trade license, but the company has neither paid the dues nor responded.
Finally, I requested the court to impose a travel ban on the company’s manager, which the court approved. However, the defendant has repeatedly requested the court to lift the travel ban, arguing that he is a local national and the case is against the company (an LLC), not him personally.
So far, the court has rejected his requests.
Could you please advise on further actions I can take to recover the funds?
Can I request an arrest order? If yes, on what grounds?
Also, is there any possibility that the court might lift the travel ban without the payment being made?





+1
Nov 26, 2024
73
Legal blog
5 available 5 • View allPayment Orders in the UAE 4
An interview-format article covering the topic of payment orders in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 24, 2021
1346
How to Increase Chances of Getting Your Invoices Paid in the UAE 0
An interview-format article covering the topic of how to increase chances of getting your invoices paid in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 24, 2021
695
How to Get Paid if You Are a Small Business? 6
An interview-format article covering the topic of getting paid for small businesses in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 15, 2021
482
There is an execution against me in the UAE; what should I do? 39
There is an execution against me in the UAE; what should I do? How do I cancel the arrest warrant and summons, and how do I deal with the travel ban? Dear readers, we present this simplified article, in which we explain the implementation procedures briefly, how the defendant can deal with them, and the options he can take to enforce the judgment smoothly while decreasing the damages of implementation as much as possible.
Apr 18, 2024
3876
أوامر الأداء 1
على مدى العامين الماضيين، أصبحت أوامر الدفع شائعة جدًا في دولة الإمارات العربية المتحدة. تتناول هذه المقالة كيف ومتى يمكن لأحد الأطراف التقدم بطلب للحصول على أمر دفع وكيف تتعامل محاكم دولة الإمارات العربية المتحدة مع مثل هذا الطلب عندما يبرم الطرفان اتفاقية تحكيم.
Jul 8, 2024
232
Laws & Regulations
3 available 3 • View allFederal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
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.
Feb 24, 1992
75303
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148370
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33008

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Getting my children back from the UAE after my ex-husband took them to avoid divorce 0
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Can a DTC holiday home permit be used as proof that my landlord re-rented the property after evicting me? 0
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Can I file a case against a friend for privacy breach if he claimed I scolded him for his act? 0
On Jan 2, 2025, one of my close friends did a privacy breach and recorded me and my van in some specific place.
On Feb 5, when I called and asked him why he did this to me, he went and gave a complaint that I scolded him and threatened him.
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Can the new owner of an apartment increase my rent if it is against RERA Index? 0
Hi
I'm a tenant of an apartment and a new owner has purchased the apartment. I would like to know:
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2. My current rent is 35% less than the current market value. Can the new owner change the rent as per the market value, or he still has to follow the RERA Index calculator for a new contract?
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I agreed with my landlord to increase the rent 10% I pay in cash. Should I insist on changing the contract? 0
I'm staying in JLT in a house with a rent of AED 140,000 per year. The lease starts on 1st Sep '23 and expires on 31st Aug '24.
The landlord sent me a legal notice from the Dubai Courts in mid-Sep '23, giving me 1-year notice to vacate the house as he plans to sell the house. The notice was received by me through email from the court.
He claims the email notice sent by the court is not valid till I receive it by courier via Aramex for my physical signature. Can you please confirm if this is true?
The landlord is now ready to let me stay in this house for two more years. He has proposed that we maintain the existing lease agreement and Ejari. However, I should pay him AED 14,000 in cash (10% increment).
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Is it possible to terminate a labor contract before the end of the two-year term? 0
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I have signed Form F and got the mortgage but the seller is in breach. What to do? 0
Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
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Mar 25, 2022
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I seek to cancel a purchased property and get refund for delay in handover 0
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Is it possible to apply a will issued in South Africa in the UAE? 0
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How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
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View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
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The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
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Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
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I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
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