Questions & Answers
Questions & Answers
6 available 6 • View allClaiming a personal debt with post-dated cheques
0
Q: I was persuaded by my friend to put money in an online trading, and he will trade on my behalf and will share the profits.
He guaranteed me that he will trade very carefully and the principal amount will not decrease, but he lost all the money in one night which is AED 35000.
Then he gave me 6 cheques of 5000 each payable after every third month.
Kindly advise how to proceed as he is not ready to pay now.

Jan 9, 2018
947
Filing a bounced cheque case against a debtor

1
Q: Dear Sir/Madam,
Greetings for the day.
I have given AED 150,000 to a known person (who is dealing with flat lease), on his emergency situation.
He said he will pay the amount in 3 months. As a security, I took the whole amount in cheque. Apart from that, he had given 3 cheques total for AED 36000 for 3 months.
After a month he left the country and didn't come back for 6 months.
Now, its been 8 months without giving me any amount and now he is here in Dubai. So, I contacted him for the money, and he told me "I don't have money, do whatever you want".
So, I thought of going in a legal way, where I deposited all the cheques of AED 186,000 and it got bounced today.
Please guide me through the legal process, and what is the chance of getting my money back?
Now, I am seriously in a very bad situation. I am about to lose my future in the UAE because of this issue.
Please help me out.
Warm Regards,
Dinesh


Dec 21, 2017
2349
Recovery of dues from the debtor after paying fine
0
Q: Hi,
I filed a cheque bouncing case in Rashidiya police station. Police caught the guy. Now, he paid his fine.
How will I recover my money of AED 135000 from that guy? What is the procedure through court?
If he agrees to the mutual settlement, how it will do legally?
Thanks In advance

Jul 12, 2018
919
Withdrawal request of funds not processed by a trading company
4
Q: From my advice, one of my clients put money in a trading company nearly 1M $ in his own account and in his 3 more sub accounts.
Given the fact that a Muslim trader is forbidden by his religion to charge or earn interest, well, the solution to this dilemma is to trade the forex market with a swap free trading account.
My client put money and started trading in forex. During these 4 months of trading, he had many deposits and withdrawal and during this period he lost 800$ hundred thousand in his trading style.
After 4 months, when the client gave a withdrawal request of 400K $ in one a/c and 300k $ in his another a/c which all of total 700K$ withdrawal on 16th May 2019.
They said in process and till now it's 29th May 2019, and my client has not received any money to his a/c.

May 29, 2019
739
All money is cashed by son who has a POA. What to do?

1
Q: I left the UAE in December 2016. I have given a power attorney to my son. He was supposed to transfer my funds to me when I open a bank account in my new location. I moved to Canada.
When I got my permanent residence and social number, I requested him to just send all money at once. At that time, NBAD became FAB and I have no access anymore.
Unfortunately, my POA representative lied to me saying that it is difficult to deal with the bank as there are a lot of restrictions and all the money is safe and untouched. At the same time, he cashed out all the funds from the account.
What legal action I can do now in this case?
Thank you!


Apr 24, 2021
427
رفع دعوى على الزوجة بشيك وقّعته على بياض بعد الطلاق




3
س: السلام عليكم،
زوج جعل زوجته توقّع على شيك على بياض خلال فترة زواجهم. حدثت مشاكل بينهم ثم تطلقوا. كتب الزوج مبلغ مليون درهم لصالحه على الشيك وتم تقديمه وارتجع الشيك من البنك لعدم توفر الرصيد بحساب الزوجة.
هل يستطيع الزوج أن يرفع عليها دعوى شيك بدون رصيد ويكسبها؟





Jul 1, 2022
987
Legal blog
1 available 1 • View allBounced Cheques in the UAE: What You Need to Know in 2024 292
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.
Oct 15, 2024
222872
Laws & Regulations
4 available 4 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
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.
Dec 8, 1987
47965
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
148550
Federal 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
75404
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
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.
Sep 27, 2020
3564

Other answers by
Options for dealing with a divorce case while being abroad 2
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1276
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
540
How to guarantee my right in accrued leave days or payment 1
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
593
How to guarantee labour rights before signing the cancellation paper 1
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
536
Following up on a labor case after traveling to the home country 2
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1601
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