Q: Hi, I took a loan from a UAE Bank for AED 450,000, I now have AED 230,000 of the loan outstanding. Due to delay in my salary, I missed 3 instalments and the bank deposited my security cheque for 600,000 AED and it bounced. My bank filed a case with the police 10 days ago. I went to issue a visa for my daughter and was informed that I can not complete the application as I have a police case for bounced cheque 10 days ago against me in Qusais Police Station. I am trying to get refinance from my bank, assuming the refinance doesn't go ahead, kindly advise: 1- When would it be likely to get called to the police station (how many days typically after a case is filed). 2- When called the first time, am I likely to spend time jailed in a police station or can I walk out the same day if I surrender my passport. 3- Will a fine be imposed? 4- If this goes to court, what is the likely sentence? 5- Is my liability to the bank AED 600,000 or 230,000 AED? I intend to pay in full over 2 years

Q: Hello Sir, I have a company and have outstanding loans worth AED 1.9 Million. We have been paying regularly for over 2 years now, but I have not been able to pay my last EMI. The next one is due soon but I don't have the provision to pay as the business is very dull. What are the consequences if I cannot pay?

Q: I took a loan of around AED 350,000 in Sept or Oct 2016 (24 out of 48 instalments have been paid and the outstanding amount is AED 248,585). Last year in Aug 2017, I was made redundant from my job. The gratuity which was transferred to the bank was not released to me. That amount took care of my instalments till Sept. 2018. The recovery person called me for the Oct. instalment but I told him I do not have a job or money to pay him. I read in the news that since last year jail term has been abolished for expatriates. I need to know if the bank files a case against me how much do I need to pay as a fine and what is the worst the bank can do about it. I had a previous loan with the same bank and then I topped it up. Can you tell me the fines for both Dubai & Abu Dhabi as I am not sure which region they will file the case? The bank is Dubai based but I got the loan in Abu Dhabi.

Q: Is it correct that cheque cases today are no longer treated as criminal and are dealt with a fine according to cheque value? Sincerely, Dr A.K.

Q: Hello, I have an unpaid loan in Dubai. The bank filed a case against me and I have already a court decision. After paying the demand of the bank, how can I settle the court decision? Do I need to be in Dubai for the trial?

Q: Hi mam, I had a loan in Dubai. I paid for some but then I couldn't pay for it anymore. They filed a police case of a bad faith cheque, amount of 78000 AED, what is the punishment in this case? Please advise! Thanks!

Q: I have a cheque of 7.500 AED due on the 15th of this month November and I don't have the complete amount to pay! What can I do?

Q: Dear Sir/Madam, An Indian man is in prison and owes me AED 3 million. He has assets in India. His wife is in India and cannot sell any of his assets because she does not have a letter of authority from her husband. What is the solution to this problem?

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 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.

As the civil and commercial transactions in the UAE have been growing rapidly, and due to replacing cash with other financial instruments such as cheques for big amounts of money, this had caused some hiccups at times leading to criminal and civil consequences on the person who defaults on fulfilling obligations.

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 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.

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.