Questions & Answers
Paying fine does not cancel the financial liability of a debt
Hello
I am writing to ask about a civil case, I recently went on maternity leave and my company does not pay a salary in this period.
The bank filed a criminal case so I was stopped at the airport on arrival and processed at the police station.
The next day I went in front of a judge who asked if I had the money to pay at that time or pay a fine, so I paid the AED 10000 fine.
It's been almost 3 months and the bank keeps increasing my debt (my account is on minus).
Question is, should I go to court again to ask them to get the bank to issue a clearance certificate or what should I do?
Issuing a cheque without sufficient balance is a criminal offence for which the creditor files a criminal case.
And earlier the punishment for a criminal act i.e. issuing a cheque without sufficient balance was jail, confiscation of the passport by the police and an automatic travel ban.
Thus previously, if a person is charged with a criminal offence or has a complaint filed against him at the police station, his passport or the passport of another person bailing him out was confiscated followed by jail and travel ban.
In November 2018 the Dubai Public Prosecution's Smart Bail initiative was implemented across in all police stations across Dubai - in which passports of defendants are no longer confiscated (IN CERTAIN CASES) especially if the amount is less than 200,000/- and there is no jail too upon the payment of a fine.
Thus the criminal liability ends upon payment of a fine but the civil liability towards the debt remains unless otherwise paid or waived. PAYMENT OF THE FINE does NOT lift the travel ban.
To claim the payment of a debt, the bank will file a civil case and civil case will end on payment of the debt amount. The travel ban will be removed upon payment of debt.
