Q: A local company owes me AED 900,000. The cheques bounced and the owner/signatory ran away. The criminal court ruled. The judgment was issued in 2013. Can I open a civil case now after 5 years? A: You are entitled to institute a civil case against the company for the recovery…

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Filing a civil case for the recovery of an old debt

Hi.

A local company owes me AED 900,000. The cheques bounced and the owner/signatory ran away to the UK.

The company is still running but I'm not sure if they have any valuable assets. The criminal court ruled 1 year and 3 months imprisonment for the owner who is still in the UK.

The judgment was issued in 2013. Can I open a civil case now after 5 years? Does the judgment issued by the criminal court ever expire?

Thanks,

Moe

Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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7 Sep 2018, 04:56

Dear Mr Moe,

Thank you for getting in touch with me on this issue.

To start off, yes, you are entitled to institute a civil case against the company for the recovery of AED 900,000/-.

The current manager and directors will be liable to pay the above dues. You shall be entitled to receive the above dues with interest.

On the criminal case, no, the judgement does not expire and he will be termed as an absconding criminal.

For further discussion on the civil suit, please contact me on 052 9495731 or email on hari.wadhwana@gmail.com

Regards,

Hari Wadhwana

7 Sep 2018, 05:14

Dear Hari,

Thank you for your response. Just to re-confirm, there isn’t a rule that states civil cases can be registered only within 3 years from date of the cheques?

I am keen on registering the case asap but I was told previously that my time has run out. Is that true?

Many thanks,

Moe

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