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If the bank seized the vehicle and sold it out, can they claim the amount by a civil case?

Hi.

I would like to know if the bank seized the vehicle and sold it out, can they claim the amount by a civil case?

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Dar Al Haqooq Legal Consultancy
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31 Jul 2023, 18:19

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you with this matter.

Yes, after seizing and selling the vehicle, the bank can still pursue the borrower for the remaining debt through a civil case.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

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Maryam Hayyaz & Wejdan Bushahab Advocates
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31 Jul 2023, 18:45

Dear Questioner,

If the amount received after selling the car by the bank is less than the outstanding balance of the loan, the bank has the right to claim the difference.

Thank you

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Amiri Advocates & Legal Consultants
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31 Jul 2023, 19:22

Yes, the bank has the right to file a case for the remaining amount. The difference between the loan value and the car sale value.

Ahmed Mohammed Bashir Advocates & Legal Consultancy
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1 Aug 2023, 13:44

Yes, they can claim the difference between the Murabaha price (for Islamic banks) and the actual price at which the car was sold in the auction.

For conventional banks, they can also claim the difference between the loan amount and the price collected from the sale of the car.

For more information, please contact us via WhatsApp.

1 Aug 2023, 14:06

Is there any negotiation or discounted amount which they possibly claim?

In this civil case, will they arrest the person?

Is the payment made in monthly installments not calculated in the claim?

2 Aug 2023, 05:53

You can negotiate with them (or your lawyer can) to pay the difference in installments.

If the difference amount as well as the court fees exceed AED 10,000 then the bank can request the issuance of an arrest order.

For more information, please contact us on WhatsApp.

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