Questions & Answers
Questions & Answers
8 available 8 • View allActing against a civil case for a bounced cheque
5
Q: Salaam Alaikum
The bank bounced a cheque of AED 103,000 for my business partner and filed a criminal case. My partner has already paid "more" than the cheque amount of AED 106,585. We have full proof.
Only AED 53,000 was outstanding - this is mostly interest, legal charges, late charges and fines. The rest is all paid properly.
Unfortunately, this year his business had a lot of losses. As he was unable to pay the full amount, as per new Dubai laws and Police, he paid 10,000 AED fine and got the criminal case removed by the public prosecutor a few days ago.
Now, the bank told him they will file a civil case. What happens now? How many weeks will it take to get a court hearing and what's his recourse?

Oct 16, 2018
2604
Settlement in a civil case for the payment of bounced cheque amount

33
Q: If you have been sentenced for a bounced cheque and then a civil case is brought against you, what would happen if you do not have all the funds to pay the full amount?
Would the judge accept a lump sum and then installments until all the money is repaid?


Nov 2, 2017
42161
Avoiding civil proceedings by the bank upon criminal case closure
9
Q: Dear Sir,
I had a loan of AED 20,000 and I was paying my instalment every month until I lost my job. My outstanding amount was only AED 8000 by then, but hence I didn't have a job and I couldn't pay for 7 months.
However, as I found a new job I started to pay again but a case was filed already by this time. I was jailed for 2 days and I was presented to the courts where they gave me a fine of AED 2000, then I was released.
Now, the recovery department is calling me again and telling me to pay AED 14000 as they say that's my current outstanding amount. They say that a civil case will be filed if I fail to pay. So what will happen if they filed a civil case?
Please advice.

Feb 21, 2018
6743
Paying fine does not cancel the financial liability of a debt
5
Q: Hello
I am writing to ask about a civil case, I recently went on maternity leave and my company does not pay a salary in this period.
The bank filed a criminal case so I was stopped at the airport on arrival and processed at the police station.
The next day I went in front of a judge who asked if I had the money to pay at that time or pay a fine, so I paid the AED 10000 fine.
It's been almost 3 months and the bank keeps increasing my debt (my account is on minus).
Question is, should I go to court again to ask them to get the bank to issue a clearance certificate or what should I do?

Dec 24, 2018
4293
Bounced cheque case and settlement with the bank
2
Q: What should I do if a case has been filed against me for a bounced cheque? The bank is not agreeing to give me any settlement. I am also about to lose my job.
I tried settling with the bank again, I told them that I can pay AED 8000, provided that they will give me a written agreement of restructuring and lift the police case against me and my guarantor.
They wouldn't budge at all. I came to know that I have a case in the court already. What would be the best way to deal with this?

Oct 25, 2018
1187
انقضاء المطالبة بمبلغ شيك مرتجع بقضاء فترة الحبس
0
س: تحية طيبة
ماذا بعد حصولي على حكم المحكمة المدنية في قضية شيك مرتجع (شيك شخصي)؟ هل يسقط الدين بعد انقضاء مدة الحبس؟

Oct 25, 2018
323
عواقب فتح البنك لبلاغ في الشرطة بشيك الضمان المرتجع
0
س: السلام عليكم،
ما هو الإجراء القانوني في حالة فتح البنك بلاغ في الشرطة بشيك الضمان المرتجع؟ شيك الضمان بشأن بطاقة ائتمان.
شكرًا.

Apr 29, 2019
417
Resolving dispute between company partners and accusation of fraud




4
Q: We have a partnership owned LLC company in Dubai - 60% shareholder in Qatar, 20% me & 20% another sleeping partner (we both are signatories in Dubai).
Recently, the sleeping partner holding the same share 20% has accused me of fraud in the company. He stopped my monthly remuneration and asked me to give away my phone and car.
Now, he went to telecom and complained about a missing SIM, the number I have been using for more than 5 years.
I have been a working partner for more than 12 years, and now I am suddenly sitting in my office forcefully.
How can this be stopped legally?





Jun 17, 2020
1132
Legal blog
3 available 3 • View allBounced Cheques in the UAE: What You Need to Know in 2024 291
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
221908
What Can I Do If I Have a Dispute With My Joint Shareholder? 5
An interview-format article covering the topic of shareholder disputes in the UAE and pre-emptive measure to be considered. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 24, 2020
5876
تقاضي الرسوم القضائية مقابل تقديم المذكرات – مناقشة قانونية 167
موضوع هذا المقال هو مناقشة تطبيق عملي جديد وقفنا عليه لدى بعض السلطات القضائية، يتمثل في استيفاء رسمٍ قضائي مقابل تقديم المتقاضي لدفاعه الكتابي، فمتى كان المتقاضي يرغب في تقديم مذكرة، وجبَ عليه أداء رسم لرفعها على النظام الإلكتروني، وإلا، لم يكن له سبيل إلى رفعها، فلا يقبلها النظام الإلكتروني، ولا تصل إلى قاضي الدعوى. وقد وقفنا على هذا التطبيق المستحدث في الدعاوى الجزائية، والدعاوى المدنية.
May 12, 2024
1162
Laws & Regulations
1 available 1 • View allFederal 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
3528

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
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
1230
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
495
How to guarantee my right in accrued leave days or payment 0
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
559
How to guarantee labour rights before signing the cancellation paper 0
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
508
Following up on a labor case after traveling to the home country 0
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
1552
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