Q: My husband wrote a guarantee cheque for a friend who was in jail. He had a reputable business and my husband assumed upon his release his friend would be able to access his frozen account and make repayments. The so-called friend ran away and left my husband with a bounced cheque of AED 1048000. There is a big case against his ex-friend from many he has defrauded, it has been in the newspapers and affected many innocent people. The cheque has obviously bounced and a case has been filed with the police. We never took a penny of this money and have all our statements to prove this. Unfortunately, the payee doesn't care and wants money regardless, even though he knows the culprit has run away. 1. What is the process? 2. What are our options? 3. Could we get away with a fine? 4. If we present all the people who have been defrauded by this ex-friend to the court and our bank statements as proof, do we have a chance? 5. Will he go to jail and what kind of sentence is likely?

Q: Hi Sir, I have been working with a company as a partner on the trade licence and working for them as an employee. I am not in the company anymore, however, during the business with them I gave a blank cheque as a security for the investment and I gave it based on trust. Now, he wanted to take personal revenge and deposited my cheque by putting an amount of AED 1 Million on that and the cheque bounced. I don't know what to do now and I need advise on this, please.

Q: I sold my company to a purchaser and I had bank loans. We signed a contract with two main conditions: If he terminates me from Job, he will settle my loans immediately. By June 27, 2017, he will clear my loans or transfer in his name. If he fails to do so, he will give salaries for the delay period. He had given me one security cheque. When he didn't meet any of the above conditions, I had to deposit the cheque. After the cheque bounced I made a police complaint. According to his lawyer, I was not supposed to deposit the cheque because it was just a security cheque. Now they are planning to file a case against me. Please advise what to do, I don't have a job for the whole past year.

Q: I would like to file a case and claim damages for mental agony. In 2002, I had given a blank undated and unnamed cheque against a signed document for a commercial transaction. The transaction was completed and the cheque was not returned. In 2005, the said cheque was presented and it bounced. The cheque was handed over to a 3rd person (my ex-employer). This 3rd person handed over the cheque to a 4th person whom I do not even know. The 4th person deposited the cheque and got it bounced and filed a police complaint. This 4th person has apologised for his action. I forgive him but want strict action against the individual/company to whom I had given the cheque. The details were filled in as "Cash" on a cheque and only the signature on cheque was mine. Our family was on vacation in India with me in 2005, were forced to stay back in India, till date. The whole family and professional life destroyed. In 2016, thru friend in DXB, I got the complaint cancelled from Public Prosecution Office.

Q: A Sub-Contractor (SC) holds/stops the work highlighting Article 246 & 247 [UAE Civil Code] due to payment delayed (Advance & Interim Payments) by the Main Contractor (MC). But the Main Contractor's concern is the document required to process Advance Payment [i.e. Advance Bank Guarantee - ABG] was not submitted on time & LC draft issued to SC was not agreed on time due to several arguments on some of its content. The MC paid the SC Advance Payment in 90 days from receipt of ABG highlighting the delay in reallocating the fund due to delay in ABG submission & LC draft agreement. Whose argument will withstand moving forward if MC intends to impose delay penalty on SC? Please advise. Thank you

Q: Hello !! I have a query about a payment not getting released by a Contractor for last 1& half year. What should we do?

Q: Hello, My husband and I awarded one of Dubai's contractors to do renovation in our apartment. We paid him 50% in advance according to the contract signed between us. We paid another 20% after some time in response to his request to have an additional amount to buy the materials. The renovation was supposed to be completed in one month, yet, 2 months and a half already passed and the contractor has not even bought the material he promised (tiles, sanitary-ware... etc.). He promises but not delivering, postponing payments in all possible ways. Suppliers of the materials confirmed that payments had not been made by the contractor. We have a clause of damage liquidating (contractor needs to pay 1000 AED/day), but he doesn't seem to take it seriously. What is the best way to deal with this problem? If we take him to court, how much do we need to pay for the file opening? What damages he will experience - license termination? How quick can we have the money back? BR, J.

Q: Would like to file a case in Dubai against a real estate company. They were supposed to build my villa in Marrakech, Morocco. Nothing was done after 5 years. I have paid $ 200000 so far and want my money back. Please advise. Thanks

Q: Dear Lawyer, We are 18 landowners 200 yards each entered into a development agreement with a builder on 2/2014. Then conditions are that the builder in his share of 50:50 can construct flats and sell. With a GPA fraudulently obtained, 18 months time with a grace period of 6 months to complete and handover fully furnished the flats. In case of delay, a rent of 6000 per month and 3 lakhs refundable deposit are to be paid to each landowner. The builder neither handed over the flats (60% built) nor paying rent or deposit of 3 lakhs. Electricity meters are fixed on our name and we are all paying minimum charges. The builder is not responding to our phone calls nor attending meetings whenever called for. The builder sold his share of flats. Please advise me the best. L.

Q: Dear sir/madam, We are Dubai based company. We have committed with a main contractor for a project. We have completed the work but he paid only 25% of the full contact value. The balance amount is not paid. So what do we have to do to get our payment?

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.

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.

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.

The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).