Questions & Answers
Is the creditor obliged to provide a proof of funds for the debtor to issue an arrest order?
I recently made a petition to issue a subpoena arrest order on the debtor in my execution case. The honorable court rejected my petition.
I was then told that there is a new ruling that the creditor has to prove that the debtor has funds while submitting a subpoena request.
A) Is the above new requirement true? Is it not sufficient to prove that the debtor has not paid?
B) The debtor made a power of attorney in the name of her brother, giving him the power to collect all funds that are payable to the debtor.
In this way, the debtor's bank account shows zero, but she can get a supplementary credit card from her brother, and pay for all purchases.
What can I do?
C) What methods are available to me to detect the funds of the debtor, or to prove that she is using methods to hide her funds?
Thank you for your assistance
Dear Client,
Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.
A) The requirement to prove that the debtor has funds may vary depending on the specifics of your case; consult with us.
B) If the debtor has granted power of attorney to her brother to collect funds on her behalf, this can complicate the situation.
You may need to investigate whether the debtor is using this arrangement to hide assets or avoid payment.
C) To detect the debtor's funds or uncover potential methods of hiding assets, you may consider conducting a thorough financial investigation.
This could involve examining bank statements, financial transactions, and other relevant documents.
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
That requirement is a standard practice in Courts to prove the debtor's funds for issuing a subpoena arrest order.
This is because the purpose of a subpoena arrest order is to prevent the debtor from absconding or concealing their assets, and the court needs to have some basis to believe that the debtor has the means to do so.
Thus merely proving that the debtor has not paid is not sufficient to establish that they have funds to conceal. So you are required to provide concrete evidence for this petition.
Hi
This is Nada,
It's not a new law, but it's a new method in Dubai Courts, in which the plaintiff needs to confirm that the other party has money and does not want to pay for the execution.
In your case, you can submit a request to attach/freeze the defendant's rights with any third party.
If you require any legal support feel free to contact me by phone.
Regards,
Nada
