Q: Hi. One of my customers had taken some products on credit and gave me two cheques of AED 300000 (total AED 600K). At the due date of the cheque, the customer asked not to put the cheques in the bank as he’s short of money. When I asked for money he made some excuses. I fear he may run away from the UAE. What should I do for such a case, where I had not put the cheque in the bank for a transaction as I fear if he notices the bounced cheque he escapes from the UAE?

Q: I had lent AED 56K to a person in Dubai. His cheque given to me has bounced for insufficient funds. If I file a police case against him, will he pay a nominal fine in the court & be free? Actually, this way he has done many cases like that. My issue is how to recover my money from him. Can I file a civil case against him? What is the procedure for filing a civil case? After filing the police complaint, the cheque will remain in the police file, then can I file a civil case without the bounced cheque? Can I file a civil case simultaneously with the police case?

Q: Sir, I have filed a police complaint against a bounced cheque. After one year, the guy who took money from me said he closed the case by paying the fine. I want to get my money back from him. I was thinking of filing a civil case. Since I will be paying a good amount of fees for court and legal advice, is it assured that I will get my money back?

Q: Hi, I have filed a case against my client for the returned cheque of 45k. He got released after paying a fine. How can I file a civil case and which department should I approach?

Q: I had given an amount of AED 250K to a finance person in Dubai. I never received a profit. I went to the police and registered a case. I only deposited the first cheque of 150K. Lately, I found out that the person came out of the court after paying a fine. I don't know what to do as I have not received anything and still have a 100K cheque with me.

Q: What action should I take against an individual who owes me over AED 300k and his cheque has bounced?

س: السلام عليكم ورحمة الله، فتحت بلاغ ضد شخص منذ 3 سنين بشرطة دبي بشيك قيمته 850 ألف درهم إماراتي وهذا الشخص مسجون في أبوظبي وإلى الآن لم يتم التحقيق معه. هل يمكن أن أطلب تحويل الملف للقاضي ليحكم عليه غيابيًا؟ وهل من الأفضل أن أحول القضية للمحكمة المدنية حيث يتوجب عليّ دفع رسوم كثيرة؟ هل هناك حل لتأجيل الرسوم لوقت الانتهاء من الحكم المدني؟ أرجو منكم إفادتي بأفضل حل أضمن به حقي علمًا بأن الشخص باقي عليه حكم 4 سنين.

Q: What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah? Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts? Are we also eligible to claim the damages & losses? How much could be claimed for damages? Please define with your best knowledge. Thanking you for your kind cooperation.

Q: Can I legally claim back money lost in a transaction through a bounced cheque?

Q: Last year I had filed a civil case about a bounced cheque. The defendant was unresponsive to all notices issued via email, SMS and even newspaper. The full process was followed after which a favorable judgment was granted to the performance order and an arrest warrant issued. The defendant was finally arrested on a warrant which was related to a completely different case filed by someone else. The judge granted him 30 days to settle dues but also released him without, it seems, any guarantees for reporting back. Of course, he did not pay and is now seemingly free and can not be located. Now after 6 months the defendant has filed an appeal. My questions are: 1. Under the UAE law, isn’t the deadline for appeals supposed to be 15 days from judgment? 2. What could be the possible grounds to appeal a bounced cheque? 3. Is there any mechanism to have a warrant executed on priority - especially since the defendant did not fulfill the settlement commitments to the court?

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.

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.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.

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.