Questions & Answers
Recovering a personal loan advanced to a friend
I lent AED 90000 to my friend as a personal favour in 2016, to help his business. We agreed without interest on repayment.
I have taken his personal cheque as a security. No agreement made. My friend is not returning the money as agreed.
I want to make a written agreement with my friend now.
Please advise on the procedure for this in the UAE.
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
Firstly, I would like to state that you have taken a very sound legal step by lending money without interest or profit as the same would be unlawful in the UAE.
Secondly, I strongly recommend that you and your friend enter into an agreement so that if anything goes wrong in future, your rights are secured.
The security cheque may be retained by you for future, in case your friend doesn't pay the money then you can bounce his cheque and file a case on the cheque along with the agreement.
You may get in touch with me on drafting the agreement between you and your friend. Feel free to contact in case of further queries.
Regards,
Hari Wadhwana
Dear Questioner,
I would highly recommend you to agree with your friend to draft such a loan agreement in addition to notarizing a declaration of debt at the notary public that can be signed by your friend as a strong proof of the liability.
If your friend decides to not sign such agreement or declaration, I believe you are in trouble and you should bring all such written evidence to file a civil claim against him.
Regards,
Ahmed Elnaggar
