Q: 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. Will the company file a civil case on me? A: The company can certainly file a civil case on you. If you have an eviction case, yes, there will be a travel ban. …

Abu Dhabi, UAE

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What to expect when you are facing bounced cheques cases

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).

Naser Muhyealdeen

Hassan Al Riyami Advocates & Legal Consultants

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7 Sep 2018, 04:50

1. The company can certainly file a civil case on you, but in our experience, if the amount is only AED 3000, it is highly unlikely. They can file a civil case immediately.

2. If your lease has expired, you need to renew or you will be evicted for sure after due court proceedings which can last between 30-45 days.

3. What is the value of your second cheque?

8 Sep 2018, 03:04

There were 3 cheques, the value for each of them is AED 23,333.00.

I heard that there is a law that after the police case finishes for a bounced cheque, the civil case can be filed only after 5 or 8 months? is it correct?

This eviction case, if filed, does it include a travel ban also. I might need to travel for a training.

Another question that I have pending, is there a jail on a civil case of rent cheque if the party can't pay the full amount lump sum? (I can pay in small instalments)

8 Sep 2018, 03:49

A civil case can be filed immediately. If you have an eviction case, yes, there will be a travel ban.

In the civil case, you are required to pay in instalments specified by the judge. if you miss 2 instalments you will be wanted by police and can be jailed when caught.

Once you pay the necessary dues, you can come out again.

8 Sep 2018, 20:01

Thanks for your fast response.

Q.1- Then instead of vacating for an eviction case, I should myself vacate the flat. Can I myself initiate vacating the flat when the previous years' payments are due and cases are going on?

Q.2- So, for a civil case you are saying that?

Q.3 I have a pending loan from an International bank (not from the UAE) with interest and it is now reaching AED 52,000 and I have a credit card from the same bank which is also around AED 51,000 with interest.

The bank is saying that (for the card or for the loan, I forgot) they will directly file a civil case. My question is, can this bank file a civil case without filing a police case?

Q.4- During a civil case there is a travel ban, right?

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