Dubai, UAE

Recovery of cheque amount from debtor as per an agreement

Hello Sir,

One person had given me a cheque of AED 154000 and we made an agreement for this cheque. He was supposed to pay the whole amount before Nov 2018, but until now he paid only AED 29000.

Now, he says he wants that cheque of AED 154000, and in return, he will give another new cheque deducting the amount of 29000.

But the agreement says upon receiving the complete payment of AED 154000, the cheque will be returned. We agreed and signed he is threatening he will not pay any money.

I want to ask, can we bounce this cheque and file a case against him? Can we directly put a travel ban on him after his bounced cheque?

Please explain.

Anitha Rajeev

Al Nassar Advocates & Legal Consultants

Chat

Hire

Meet

13 Jan 2019, 13:22

Dear Questioner,

Good evening.

Thanks for contacting online.

If that person is not paying you back continuously, and instead, threatening that he will not pay, the better option is to present the cheque.

And if it gets bounced you can move a criminal case as well as a civil case against him. By filing criminal case there will be a travel ban against him.

Since you have made an agreement at the time of giving a loan to him, that will act as good support for your civil case against him for recovery.

Please feel free to contact me at 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further assistance or clarification on this.

Regards,

Anitha Rajeev

Was this content helpful?

Aws M. Younis

AWS Legal Consultancy

Chat

Hire

Meet

13 Jan 2019, 14:18

Dear Sir/Madam,

Trust you are fine.

Further to your enquiry, please be informed that we shall be needing the agreement for our review before providing you with any conclusive opinion.

However, on the basis of the limited information provided, please be informed that if the opposing party refuses to pay the agreed money, then you can definitely deposit the cheques at the bank.

Once the cheques are bounced due to insufficient funds, you can file a criminal case as well as a civil case simultaneously.

As the amount is less than AED 200,000, under the criminal case, the issuer has the option to pay the fine and avoid the imprisonment.

I hope the above information is clear to you. Should you have any further question or concern, please feel free to contact us at 045547635 or you can email us at info@awsuwaidi-advocates.com

Best regards,

Aws M. Younis

Was this content helpful?

Fixed-fee services

1 • View all