Questions & Answers
Questions & Answers
5 available 5 • View allDefendant stopped payments, says arrest needs proof of funds. What to do?


2
Q: Hello,
I have won a civil case for claiming an unpaid personal cash loan. The defendant paid 50% of the total amount due and the remaining 50% in monthly installments.
However, she stopped making payments because of a new law implemented last November, stating that I can only arrest her if I have evidence or a report confirming she has money.
Is this true? If so, what is the process for this? I need advice, and should I hire a lawyer for this matter?



Jan 9, 2024
115
The debtor has stopped paying installments. Could he be arrested?


3
Q: Dear Sir/Madam,
I have a commercial execution case against an individual. The execution was completed well before the new arrest warrant amendment rule.
The debtor has paid several installments but has stopped paying since last month.
Could he be arrested, considering he is not adhering to the payment schedule set by the Dubai court?



Jan 4, 2024
208
Is the creditor obliged to provide a proof of funds for the debtor to issue an arrest order?



2
Q: 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




Nov 29, 2023
110
How do I petition the court to block a debtor's RTA transactions and driving license renewal?


1
Q: Dear Sir/Madam,
I want the Honourable Execution Court to put a block on a debtor's file at the RTA, so that the person cannot do any RTA transactions and cannot renew their driving license.
I request someone to tell me the procedure to make this petition and the Arabic name of the petition.
Thank you!



May 29, 2024
237
What evidence is required to secure an arrest warrant for a defendant suspected of hiding assets?




1
Q: Dear Lawyers,
I am writing to seek your professional guidance regarding an execution case I have filed against my client due to a bounced cheque.
I am currently following the legal procedures step by step and am preparing to submit a petition to the relevant court requesting the issuance of an arrest warrant against the defendant.
With the changes in the law concerning "imprisonment for inability to repay a debt," I would like to understand the steps and evidence required to demonstrate to the court that the defendant may be concealing assets or engaging in business activities in the UAE through untraceable transactions.
1. What types of evidence are deemed sufficient to establish that the defendant is hiding assets or conducting business in a manner that evades detection?
2. Are there specific legal provisions or tools available that I can utilize to strengthen my case for obtaining an arrest warrant?





+1
Oct 29, 2024
78
Legal blog
2 available 2 • View allThe Consequences of Job Loss and Defaulting on Financial Liabilities 26
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
18947
Procedures of Litigation and Execution in the UAE 42
Many people opt to go for litigation without hiring a legal professional, mainly because they can't afford it. This article provides a brief summary of the steps and procedures of litigation. As the process itself can be confusing to many, even after getting a favorable judgment, we present some tips to help them execute judgments issued by the court and get their rights if an amicable solution has not been reached.
Aug 5, 2021
21044
Laws & Regulations
4 available 4 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
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
47949
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
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
33059
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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
148521
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
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.
Feb 24, 1992
75388

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