Questions & Answers
Questions & Answers
8 available 8 • View allClaiming the bounced cheque amount after criminal court judgement
1
Q: For a 100,000 bounced cheque, the decision from the criminal court is 20,000 fine and pay the full amount.
My question is that, before the civil case is made, does the travel ban still exist or it's removed after the sentence from the criminal court?
Should an agreement be made between two parties to avoid the civil case (need to pay to the civil court)?
Is the fee of making a civil case required to be paid by the people who made the bounced cheque?

Oct 5, 2018
1192
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
4297
Civil case by the bank after paying the fine in a criminal case

16
Q: Dear Sir/Madam
Can a bank file a civil case after filing a criminal case?
The criminal case has been lifted by paying fine at the police station.
How long does it take for the bank to file a civil case after this?
Am I still liable to pay to the bank after I have cleared my criminal case by paying the said fine?


Nov 15, 2018
13737
Settlement of a bank loan by paying the fine
4
Q: Hello,
I would like to inquire about the fine for not paying my outstanding personal loan. My outstanding loan amount is AED 95,000 and I don't have money to repay this loan.
I came to know that there is no jail term if we do not pay the loan. I read somewhere that you just have to pay the fine which the bank will impose on you and that's it.
I would like to settle this matter with the bank by paying the fine. Can you please advise how much fine roughly I have to pay to settle my loan.
My bank is E.I.
Thank you in advance!

Feb 14, 2019
1923
Defaulting on the payment of a loan EMI and legal consequences
1
Q: Dear Mr Hari,
Good day.
I took a loan from a bank one year back for AED 64,000 and now I have an outstanding amount of AED 48,500 which I am now unable to pay due to the loss of employment.
I have also missed 1 EMI until now and have not paid this EMI for the past 3 months, however, I somehow managed to pay all the EMIs until now but I am unable to pay any further.
Kindly let me know if the bank can file a criminal case against me or there are any new UAE rules according to which I only have to pay a certain fine.
Also, as I lost my job recently I am on a visit visa. Kindly let me know if I will be facing a travel ban if I don't pay? How to deal with the situation?

Mar 10, 2019
1425
Expected action from the bank for defaulting on a loan
0
Q: Dear Madam,
Please advise me, I have a credit card and I used up to AED 50000 for the last three years. I was paying monthly the minimum instalment.
But now for the last 5 months, my salary is delayed so I did not pay the instalments.
Please advise what action can the bank take and what do I do to solve that action.
Thanks

Apr 8, 2019
1016
صدور حكم لصالح البنك بدون علم المدين

1
س: السلام عليكم،
أنا إماراتي الجنسية. مشكلتي أن البنك رفع دعوى في المحكمة لعدم قدرتي على سداد قرض بسبب الفصل من العمل في سنه 2014، ولم أستطع التواصل لأنني كنت في السجن لأمر آخر.
عند خروجي في عام 2020، علمت أن القضية حُكِم فيها بإلزامي بدفع مبلغ 600 ألف + 10 آلاف تعويض للبنك وتوقيع حظر على جواز سفري، ولم أتمكن من تجديد الجواز لأن البنك قام بالتعميم وعمل بلوك على جوازي. ما الحل؟
أنا لا أعمل حاليًا ولم أستطيع الحصول على عمل بسبب انتهاء الجواز. كيف أقدم طلب لتجديد الجواز والعفو لسد المديونية؟


Jan 7, 2022
311
How can you settle a case for loan default with the bank on low instalments?


1
Q: My husband has a case for a loan in Dubai with an amount of 1 million. He had a travel ban also.
How can we settle it?
The bank does not agree to settle it in a reasonable amount. We can't afford such an amount. What will we do?



Sep 27, 2022
346
Legal blog
1 available 1 • View allThe Consequences of Job Loss and Defaulting on Financial Liabilities 26
The management of individual financial affairs is crucial and all the actions must be weighed down while committing to any financial liability. Whether it's job loss that may have lead to financial failure or the opposite, one must be aware of the personal liability which will not diminish by paying fines for cheque bounce cases. There are two major types of liabilities, criminal liability and civil liability. Each has its own significance, hence, must be dealt with accordingly.
Feb 12, 2019
18894
Laws & Regulations
4 available 4 • 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
47904
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148367
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75301
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
3530

Other answers by
110 110 answers •
View allHow to act against a civil case for a bank loan 0
Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4176
Liability of daughter against the debts of her father 0
To whom this may concern,
I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month.
I would like to travel with them around the country freely without any prosecution from local officials.
My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically.
I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents' debts/problems as I have no legal responsibilities for their actions.
Kind regards.
Jan 31, 2019
1399
Bounced cheque case for a loan after paying the fine 0
Hi
I have got a call from Dubai Police last week regarding my cheque bounce which I issued to the bank due to default on loan payment on time.
I paid a visit & they referred me to the prosecution & I got fine which I already paid and got clearance.
I want to know if the bank can still file a case against me & I still need to contact the bank for settlement or case clearance.
I am getting too many calls even after that, and the debt collector is actually harassing with the worst behaviour & back to back calls which actually ruined my personal life and put me in depression with high bp.
Thank you
Dec 31, 2018
2474
Repercussions of defaulting on a bank loan and credit card 0
Dear Sir,
I am an Indian national, and I defaulted on a personal loan & credit card payments. I lost my Job and I didn't pay my EMI and credit card payments.
I am seeking help from you, could you help me with this? I am not a willful defaulter. Now, I am In my home country.
Dec 8, 2018
1264
The right action for delaying the delivery of a purchased property 0
I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?
Nov 26, 2018
575

Premium
Other answers by
342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
269
How can I reach a settlement with the bank for a mortgage of a jointly owned property? 0
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
286
The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
676
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1275
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1270
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