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A cheque has passed its due date by over a year. What options do I have?

Hello,

I have a cheque from someone, but it has passed its due date, and I did not take it to the bank. It has been more than a year now. What options do I have?

Can I take it to the bank, and if it bounces, can I file an execution, or do I have to file a civil claim?

If a civil claim, on what grounds can it be?

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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20 May 2024, 10:43

Dear Questioner,

You can make a warning to the opponent and wait for (5) days from the date of receiving the warning, then file a payment order lawsuit and wait for the decision.

You can also file a claim against the opponent, both for the same fee.

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KHE Legal Consultancy
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20 May 2024, 10:45

Hello dear questioner,

Yes, you can cash the check one year after its due date, because the statute of limitations for a check according to the provisions of the law is two years and six months.

For further clarification, please share your WhatsApp number.

20 May 2024, 10:50

Please share which statue you’re referring to. Is it in the commercial transaction law?

20 May 2024, 10:58

According to the text of Article (638) of the Federal Commercial Transactions Law, the statute of limitations for claiming the value of a check is two years from the expiry of the deadline for presenting the check for cashing, and the deadline for presenting the check for cashing is six months from its maturity date.

20 May 2024, 10:59

According to the text of Article (618) of the same law, that is, the statute of limitations for claiming the actual value of the check is two years and six months from its maturity date.

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London Center for Legal Consultancy Office
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20 May 2024, 10:50

Dear Questioner,

Yes, you can take the check to the bank and stamp it stating that it cannot be withdrawn, and then record the implementation.

For further inquiries about your topic, you can reach our office, or contact us on WhatsApp or via email.

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MBC Legal Consultants
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20 May 2024, 12:08

Dear Client,

A cheque with a due date is only valid for 6 months. Now, in the current situation, 1 year has already passed so even if you submit it to the Bank, they won't accept it.

There is an option that you can approach the civil court for recovery of money and submit the cheque as proof.

For further details, contact MBC Legal Services.

Jui Dongare

Legal Manager

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Amiri Advocates & Legal Consultants
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20 May 2024, 12:36

Try depositing the check through the ATM, then wait for the bank's response.

Don't go to the bank teller because they won't accept the check.

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Ibrahim Al Banna Advocates & Legal Consultants
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20 May 2024, 18:37

Thank you for reaching out with your question regarding the expired cheque!

In Dubai, cheques are considered valid for six months from the date of issuance. Since more than a year has passed, the cheque is now considered stale, and it cannot be cashed at the bank directly.

However, you do have legal options available:

Civil Claim:

You can file a civil claim against the issuer of the cheque. This claim can be based on the debt represented by the cheque, essentially treating it as a promissory note that was not honored. The grounds for your claim would be the amount owed as indicated by the cheque.

Given the specifics of your situation, I recommend discussing this matter in more detail to determine the best course of action.

Please feel free to reach out to me via WhatsApp or phone at [--------]. Alternatively, you can email me at [------] to schedule a consultation.

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Dar Al Haqooq Legal Consultancy
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20 May 2024, 23:05

Dear Questioner,

Present the cheque to the bank; if it bounces, it may be marked as stale.

You can file a civil claim based on the debt represented by the cheque, arguing the issuer's failure to honor it. Consult with us for guidance on the specifics of filing the claim.

Thanks and Regards,

Abdul Wahied

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Galal Hussein Legal Consultancies & Advocates
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22 May 2024, 12:28

Yes, you must submit it to the bank to obtain a response.

The bank’s response will be to refuse to cash the check due to the expiration of the 6-month period after the check’s maturity date, not because of insufficient funds.

After that, you can file a civil lawsuit to claim the value of the check. If needed, you can contact us for assistance and more information.

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