Questions & Answers
Questions & Answers
3 available 3 • View allFiling a civil case for the recovery of an old debt
2
Q: Hi.
A local company owes me AED 900,000. The cheques bounced and the owner/signatory ran away to the UK.
The company is still running but I'm not sure if they have any valuable assets. The criminal court ruled 1 year and 3 months imprisonment for the owner who is still in the UK.
The judgment was issued in 2013. Can I open a civil case now after 5 years? Does the judgment issued by the criminal court ever expire?
Thanks,
Moe

Sep 7, 2018
580
Should the performance order case be filed against the company only or manager also?



2
Q: I have documents to prove that a civil company owes me AED 285,700 and they have unconditionally acknowledged this debt amount in writing and promised me payment of this amount.
They, however, refuse to pay me. I want to start a PERFORMANCE ORDER court case to recover my dues.
Question: Should I make the case against the civil company only? (One respondent)
Or should I make the case against the civil company and its Manager? (Two respondents)
I cannot prove any mistake or error of the manager, but should I add his name into case, so that the execution can be against him personally as well?
During execution case, will it help me to get detention order against the Manager if I add manager's name in the main case itself?




Jan 19, 2022
377
How to convince the execution judge to put a travel ban on company manager?
1
Q: Is it possible to put a travel ban on the manager of a debtor company in a civil execution lawsuit?
I asked for a travel ban on the manager of a company.
The judge refused because the identity of the manager was not declared in the trade license (But it shows in the company MOA and some final verdicts issued by the court).
I then filed a grievance against the execution decision.
But the grievance verdict was that I cannot pursue a manager to pay unless I prove mistake, fraud or deception by the manager.
So, is it still possible to put a travel ban or detention on the company manager due to the default of payment of the company, even without proving any mistake, fraud or deception of the manager?
Ref Article 186 of Cabinet Decision No. 57 On The Implementing Regulation Of Federal Law No. (11) Of 1992 On The Civil Procedure Law. The law allows travel ban/detention of any legal representative.

Oct 18, 2021
1475
Legal blog
3 available 3 • View allPayment Orders in the UAE 4
An interview-format article covering the topic of payment orders in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 24, 2021
1400
How to Increase Chances of Getting Your Invoices Paid in the UAE 0
An interview-format article covering the topic of how to increase chances of getting your invoices paid in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 24, 2021
732
How to Get Paid if You Are a Small Business? 6
An interview-format article covering the topic of getting paid for small businesses in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 15, 2021
520
Laws & Regulations
3 available 3 • View allFederal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code 2
The provisions of this Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code, known as the "New Civil Procedures Code", governs civil procedures in the United Arab Emirates. The New Civil Procedures Code repeals the previous UAE Civil Procedures Code (Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code).
Jan 2, 2023
521
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
33120
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
148651

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