Questions & Answers
What to do when you face a civil case for bounced cheque
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?
Hi,
After reviewing your above query, we understand that your business partner issued a cheque to a bank, which was dishonoured.
Subsequently, a criminal complaint was filed with the police station, which was settled upon payment of a fine by your business partner.
Now, the bank intends to file a civil case, to claim the outstanding amount from the court.
If the judgment in the civil case is in the bank’s favour, and if your business partner fails to pay back the outstanding amount, then his bank account and other assets will be attached to realize the claim amount.
Hope the above clarifies your concern. However, we will be able to render you better legal advice after reviewing all the relevant documents regarding the matter.
Please feel free to reach us via email at a.odeh@miolawfirm.com or contact number: 0565989309
Regards,
Ahmed Odeh
