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Can I still claim back money lent to a friend with an expired cheque?

I have lent money to my friend multiple times over the last year with cheques as a guarantee.

Unfortunately, the cheque expired 2 days ago and he has not paid 90% of the money since he says he has no funds anymore.

I have bank statements to prove the transfer to his account. I need your advice to see if I can raise a court case against him and what will the process be.

Thanks

Mohammad Obaid AlRaddha

Accord International Advocates and Legal Consultants

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6 Jul 2022, 16:47

Hello,

When you say the cheque has expired, do you mean the first 6 months?

Also, if you provide us with the bank statement we can help you claim your money back.

Do you want us to do that for you?

6 Jul 2022, 16:58

Yes, 6 months have expired. I can share the bank statement but would like to know the entire cost.

6 Jul 2022, 17:01

We need to know how much is the total claim amount first in order to designate the court fees.

6 Jul 2022, 17:21

400k AED.

6 Jul 2022, 17:35

If we filed a civil case you would be required to pay court fees which are approximately AED 28,000.

But if we were able to bounce the cheque for you we would be able to file an execution file and the fees would be approximately 12,000.

If we go with the civil action, we would require 10% of its execution we would claim 8% of the total claim amount as our fees which is payable in two payment 50% upfront and 50% upon collection.

6 Jul 2022, 17:50

Thanks for the advice. This has been very helpful. I’ll let you know how we would like to proceed with this.

6 Jul 2022, 17:52

you're more than welcome!

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