Questions & Answers
Questions & Answers
10 available 10 • View allConsequences of defaulting on several financial obligations
1
Q: Hi Mr Naser,
Thanks for your fast response. We are based in Abu Dhabi.
Q.1 As we know that for a rent cheque bounce after the police case is closed and the civil case is opened, will the judge decide on the amount for instalments in this civil case? Won't he consider what we say how much we can pay?
Q.2 During eviction case, when the rent/lease expires and since the lease is now connected with Tawtheeq which expires as well, will ADDC cut my electricity during this time?
Q.3 My friend has a bank loan of AED 60K approx from a bank here in the UAE and he did not pay for the last 7 or 8 months. This bank has a branch in Pakistan.
If he travels to Pakistan due to an emergency and the bank proceeds with its action, what action(s) will that be? (So far no action from the bank)
Q.4 If he goes to Pakistan, what will be the consequences for an already running civil case of a bank loan default?
Q.5 for a credit card security cheque bounce, can a bank directly file a civil case?

Sep 15, 2018
1062
Possibility of a settlement at the court for bounced rental cheques
4
Q: Hello Advocate Nikhat,
How are you, Madam?
My house is in Abu Dhabi and I had rent bounced cheques due to my job loss.
Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won't he consider what we say about how much we can pay?
Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments.
Now, I understand that once the instalments are finalized, then we have to pay them regularly.
The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct?
Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time?
Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?

Sep 17, 2018
2065
How to settle a bounced rental cheque case and lift travel ban
1
Q: Hello,
There was a cheque bounce case for the rental of the company office we had with Tecom. The authority has banned my travel, and I'm in my home country right now.
My question is if I visit Dubai and settle this issue with paying the fine, will there be any further ban on my travel?

Jun 5, 2018
2126
Appealing court judgement in a cheque bounce case
1
Q: We issued a cheque to someone and he endorsed cheque to a bank (discounting). The cheque bounced from the bank but we paid money to the endorser. The cheque now is in custody of the bank.
In the first judgement, there was punishment for one year and then we appealed. How should we protect ourselves from the judgment?

Oct 2, 2018
1114
The possibility of appealing a jail sentence for bounced cheques

1
Q: Hi,
I needed to know if the court issues a judgment of 2 or 3 months jail term in cheque bounce case, is there a way to reverse the judgment or avoid the sentence? Possibly if the creditor withdraws the case?
I have received a judgment of a jail term of 2 months for AED 1 Million security cheque bounce against a loan that is 75% paid off and a 3 months jail term for multiple cheques to a single supplier valued at AED 48,000.00 approx.
What can I do avoid jail terms and wondering how AED 48k cumulative value would result in jail term?
Appreciate a solution for this.
Thanks.


Oct 7, 2018
3829
مدة مرور الزمن على دعوى شيك بدون رصيد
3
س: السلام عليكم و رحمة الله و بركاته،،
تم ارتجاع الشيك لسبب عدم كفاية الرصيد و تم استلام الشيك من البنك لأخذ الإجراءات القانونية اللازمة و كان الحدث بتاريخ يونيو 2016.
ومنذ ذلك الوقت لم يتم تقديم بلاغ للشرطة أو النيابة ولا حتى المحكمة المدنية. حتى تاريخة لم يمضِ على ارتجاع الشيك مدة سنتين و هي المدة المحددة بالمادة 638 من قانون المعاملات التجارية.
وسؤالي هو التالي و ذو شقين:
1- هل يمكن البدء بالإجراءات الجزائية أم علينا البدء بالإجراءات المدنية؟
1- وبشكل عام هل تسري مدة التقادم المحددة بالمادة أعلاه على الشيك من تاريخ ارتجاع الشيك أم يتم اعتماد آلية أخرى للتعامل مع الشيكات؟
لكم جزيل الشكر

Oct 11, 2018
2190
Limitation period for claiming contract debts by the bank
16
Q: Dear Ma'am,
I was recently contacted by a debt collection agency through a phone call on behalf of a bank in the UAE. They alleged that there are outstanding credit card dues from the year 2000 for some AED 200,000!
I left the UAE in 1997 and did not continue my relationship with that bank thereafter. I do not recall the credit card debt in question and may have inadvertently missed out on the credit card payment, if any, at that time while leaving the country.
What are the implications at this time? Now, that over 18 years have passed, can the bank enforce this debt to be recovered?
Would appreciate your advice on this matter.
Thanks,
Regards,
S.

Jun 25, 2019
9946
Time frame to file civil and criminal cases to recover a bounced cheque




3
Q: I have a cheque of 400K dated 1 Apr 2018. May I know if it is still valid to file a cheque bounce case as the issuer kept delaying money?
I knew that banks cannot accept it after 6 months, is that true?





Mar 3, 2020
2932
When do you consider a civil or criminal claim time-barred
3
Q: Reviewing this article and UAE FL 18 of 1993, Article 95 CTL states 10 years for commercial obligations between bank and person (trader):
I would like to know if the statute of limitation (time-bar) can be brought up in court for defence if the verdict by the initial court is issued in 2010 (10+ years ago) and nothing has paid by the debtor after the execution of the verdict.
Exp: If a case has a time table like below, can the defendant still use the law in relation to time-bars?
- Case opened in the UAE initial commercial court: 2010
- Case reached a verdict in absentia (UAE commercial initial court): 2010
- Case is sent to Execution court and remained there ever since: 2012
If nothing has changed and no payment is made, am I right to assume that after 10 years (2021), this claim is time-barred and the defendant can use the statute of limitation as his defence with the debtor?

Mar 9, 2021
902
How much time does the bank give if I opt for a one-time settlement to clear the debts?



0
Q: How much time does the bank give if I opt for a one-time settlement to clear the debts?
The bank has already filed the execution and the arrest warrant has already been issued.
Thanks




Sep 11, 2023
167
Laws & Regulations
2 available 2 • 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
47919
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
3535

Other answers by
80 80 answers •
View allDeducting visa costs when resigning after more than a year of work 0
Hello sir,
I have been working for 1 year and 6 months in a restaurant without a vacation. Due to my health, I had resigned, and when receiving my payment, they had deducted 4200 for the visa.
Please I want to know if it is allowed to pay for the visa.
Thank you!
Mar 15, 2021
1058
Is it legal to invest in a crowdfunding outside the UAE? 0
Regarding investment in a UK-based crowdfunding platform from the UAE
I am a UAE (Dubai) resident. Is it legal to invest in a startup that is based in Cayman Island and London through UK based crowdfunding platform (crowdcube.com) from the UAE?
Looking for precious advice.
Thank you!
Mar 9, 2021
627
Filing a case for wrongfully encashing a guarantee cheque 0
3 years back I had given a post-dated cheque as a guarantee to a person whom I had to pay the money.
In 3 years time before the due date of the post-dated cheque, I had paid him partially by cash and cheque for which I have his signed vouchers and the PDC cheque details.
He was supposed to return back my PDC on the due date and collect the balance amount that was around AED 4000. The cheque value was AED 115,000.
On the due date, he demanded more money from me and when I refused, he bounced the cheque and filed a cheque bounce case.
He said I gave him a cheque of a closed bank account when he asked the money back and claimed the full amount. I was arrested and had to pay the fine for the cheque bounce case.
With the agreement I have with me and the payment voucher proof, can I sue him back for the false accusation?
And can I claim compensation for spoiling my name and image?
Dec 13, 2019
1652
Suing an employer for unpaid loan taken on the name of employee 0
Salam,
I was working in Dubai and I needed a 50k loan from the company. My boss told me to do him a favour and take a 700000 loan from the bank then take 50k.
I said how. He planned everything and deposited 30k salary on my account and verify from HR and accounts.
The bank agent gave me the loan he paid instalments almost for one year and then he terminated me and said don't worry we will pay your loan.
After I came back to Pakistan, they are paying but after 3-4 months like that, the recovery company calls me in Pakistan daily. what can I do?
If I come to Dubai and make a case on my boss, will the bank help me or I have to hire lawyer?
Feb 22, 2019
1183
The consequences of resignation in a limited labour contract 0
Dear Sir,
I hope you are doing well.
My neighbour brother went earlier to Dubai for packing work in a hotel for 2 months. Due to the condition of work & not getting a proper salary, he decided to resign from his job.
When he intimated the same to the employer they said he should pay AED 4500 before leaving & his own ticket. He is from a very poor background that's why he came for AED 900 salary.
But he gets actually 750 only without food. Need your kind support to help him to come back to India.
Feb 19, 2019
3352
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