Default on loan and the possibility of paying a fine instead of jail

Question

Q: I took a loan of around AED 350,000. The recovery person called me for the Oct. instalment. I do not have a job or money to pay. What is the worst the bank can do… A: You can represent and defend the proceedings and request for a fine to be levied. It will be based on the discretion of the Judge…

Hari Wadhwana · Accepted Answer

Dear Sir/ Madam,

Thank you for reaching out to me on this.

I understand that you wish to know the implications of the bank loan default in Dubai and Abu Dhabi.

In your case, the bank will deposit a cheque for the outstanding amount and in all likelihood, the cheque will be bounced.

Firstly, the rule related to the jail term being abolished is only when the bounced cheque amount is less than AED 200,000/- (applicable only in Dubai).

In your case, the outstanding amount is more than AED 200,000/-, hence there are chances that you will face jail term by the court.

Secondly, it is not a thumb rule to pronounce jail term for the cheque bounce for the above AED 200,000/-.

You can represent and defend the proceedings and request for a fine to be levied. It will be based on the discretion of the Judge.

The above will be applicable for both Dubai and Abu Dhabi.

I would suggest you try to negotiate and settle with the bank. If the same is not possible then wait for the cheque bounce to be filed and then defend the same accordingly.

You can contact me for further discussion on 052-9495731 or hari.wadhwana@gmail.com

Regards,

Hari Wadhwana

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