Questions & Answers
Questions & Answers
3 available 3 • View allAvoiding civil proceedings by the bank upon criminal case closure
Q: Dear Sir,
I had a loan of AED 20,000 and I was paying my instalment every month until I lost my job. My outstanding amount was only AED 8000 by then, but hence I didn't have a job and I couldn't pay for 7 months.
However, as I found a new job I started to pay again but a case was filed already by this time. I was jailed for 2 days and I was presented to the courts where they gave me a fine of AED 2000, then I was released.
Now, the recovery department is calling me again and telling me to pay AED 14000 as they say that's my current outstanding amount. They say that a civil case will be filed if I fail to pay. So what will happen if they filed a civil case?
Please advice.
Feb 21, 2018
6772
Is there a legal way to avoid imprisonment if the court passed a sentence upon me?
Q: Hi ,
I left UAE during the financial crisis 2009 because I got laid back by my employer and I could not pay back my bank loan. The bank collection agents contacted me few times but I couldn't reach an agreement with them as I am facing financial difficulties as a single parent for 2 kids currently not working.
l want to go back to UAE for a job offer. A friend checked for me with Immigration and Court. They found that there is a judgement in absentia of 6 months under my name and case filed requesting the amount of the loan plus the interest which I can not afford paying a single portion of it.
Is there a legal solution to sort this out due to 9 years passed since I left the UAE? So I can get a job offer and support my kids and if my financial situation improves in the future I will try to settle the loan. This 6-month absentia imprisonment was issued 6 months ago.
Nov 9, 2017
5148
Settlement of a bounced cheque to issue a new employment visa
Q: There was a case filed against me in Muraqabat Police Station for bouncing cheque.
I was not able to pay my loan for more than 4 months as I lost my job and unable to pay. I informed the bank and negotiated with them, but they want me to pay at least half of the loan amount.
My problem now is that I got a job offer but my new employer cannot issue an employment visa for me as I am in the blacklist status.
My previous employer also cannot cancel my visa, they were able to cancel my labour card and already beyond the grace period of 30 days.
My previous employer told me that they will present my passport to the visa section and file an absconding case against me.
Please advise if they can really push filing an absconding case against me?
What shall I do regarding the bounced cheque so that my new employer can process an employment visa for me?
Aug 14, 2018
3096
Legal blog
1 available 1 • View allThe Consequences of Job Loss and Defaulting on Financial Liabilities
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
18954
Laws & Regulations
4 available 4 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code
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
47956
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33065
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates
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
148542
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law
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
3562
Other answers by
Deducting visa costs when resigning after more than a year of work
Hello sir,
I have been working for 1 year and 6 months in a restaurant without a vacation. Due to my health, I had resigned, and when receiving my payment, they had deducted 4200 for the visa.
Please I want to know if it is allowed to pay for the visa.
Thank you!
Mar 15, 2021
1083
Is it legal to invest in a crowdfunding outside the UAE?
Regarding investment in a UK-based crowdfunding platform from the UAE
I am a UAE (Dubai) resident. Is it legal to invest in a startup that is based in Cayman Island and London through UK based crowdfunding platform (crowdcube.com) from the UAE?
Looking for precious advice.
Thank you!
Mar 9, 2021
661
Filing a case for wrongfully encashing a guarantee cheque
3 years back I had given a post-dated cheque as a guarantee to a person whom I had to pay the money.
In 3 years time before the due date of the post-dated cheque, I had paid him partially by cash and cheque for which I have his signed vouchers and the PDC cheque details.
He was supposed to return back my PDC on the due date and collect the balance amount that was around AED 4000. The cheque value was AED 115,000.
On the due date, he demanded more money from me and when I refused, he bounced the cheque and filed a cheque bounce case.
He said I gave him a cheque of a closed bank account when he asked the money back and claimed the full amount. I was arrested and had to pay the fine for the cheque bounce case.
With the agreement I have with me and the payment voucher proof, can I sue him back for the false accusation?
And can I claim compensation for spoiling my name and image?
Dec 13, 2019
1683
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer