How to serve a notice of writ and obligation to pay when the debtor is unreachable?

Hello,

A notice is considered served after 7 days of the court issuing the notice, regardless of whether the debtor has received it or not.

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that:

Question 1:

Typically, in UAE law, a notice is considered served 7 days after the court issues the notice unless the law specifies otherwise or the debtor acknowledges receipt. This means you may need to wait until that period lapses before taking further steps.

Question 2:

If you cannot serve the notice through email, SMS, or to the advocate, consider the following options:

2.1 Publication on the Court Website:

Yes, some courts in the UAE allow for notices to be published on their official website. You would generally need to submit a request or petition to the court to do this. Contact the court where your case is filed for their specific procedures and requirements.

2.2 Publication in a Newspaper:

You can petition to publish the notice in a newspaper as well. This is often a requirement for serving notices when other methods fail. Check with the court for the necessary forms and guidelines on how to proceed with this publication.

2.3 Other Steps:

- Request for Alternative Service:

You can ask the court for permission to serve the notice in an alternative way, such as through a legal representative or another method deemed appropriate by the court.

- Update Emirates ID Information:

If you know the debtor, you could encourage them to update their Emirates ID details, which might facilitate communication.

It's advisable to consult a legal professional to ensure compliance with local laws and procedures. We can provide tailored advice based on the specifics of your case. Kindly do not hesitate to contact us at [-------].

Greetings,

Dear questioner,

Try to share the contact/address details of the opposing party with the court. Even if the details on the Emirates ID are outdated, the case can still proceed.

The notice will be considered served 7 days after the court notification, regardless of the debtor's receipt.

Dear Questioner,

1. According to the UAE Civil Procedures Law, a notice is considered served after 7 days of the court issuing the notice, regardless of whether the debtor has received it or not.

This means that the notice is considered served after 7 days from the date it was issued by the court.

2. If the email, SMS, and physical delivery to the advocate fail, you can request the court to publish the notice on their website or in a newspaper.

This can be done by submitting a petition to the court requesting for the notice to be published. The court will then review your petition and make a decision on whether to publish the notice or not.

Dear Questioner,

Thank you for reaching out with your detailed questions!

I understand how frustrating it can be when the notification process encounters these obstacles. Let me provide some clarity on your concerns:

Question 1:

In Dubai, a notice is considered legally served either when it is delivered to the debtor or after a certain time has passed following the court issuing the notice.

Typically, the court considers the notice served after 7 days from the date of the issuance if the debtor cannot be reached, regardless of whether they physically receive the notice.

Question 2:

When you face issues with email, SMS, or sending the notice through the debtor’s advocate, and you do not have the physical address of the debtor, there are alternative methods:

2.1 Yes, there is a system where notices can be published on the court’s website. To petition for this, you would need to file a formal request with the court to allow the notice to be published online, especially after demonstrating the failure of previous attempts to notify the debtor through other channels.

2.2 Publishing in newspapers is another recognized method, particularly when all other efforts have failed. You can petition the court for permission to serve the notice via public announcement in a local newspaper. The court will generally allow this after proof of your failed attempts.

2.3 Another step you can take is to check if the debtor's Emirates ID has been updated or seek assistance through court-appointed investigators who may locate the debtor’s current address.

These situations often involve complex procedural steps, and it’s essential to ensure that all attempts to notify the debtor are properly documented to avoid any delays in the execution process.

If you need help navigating the process or petitioning the court for the next steps, I can assist you in ensuring that everything is handled correctly.

Feel free to reach out to me via WhatsApp or phone [-------] to discuss your case in more detail, or email me at [----------]. I look forward to helping you resolve this matter effectively.

Best regards,

Suhail Rana

Typically, a notice is considered served when it's delivered to the debtor or their authorized representative. If the debtor has not received the notice, you may need to explore alternative methods to ensure proper service.

The court might appoint a professional process server to attempt delivery. In some cases, if other methods fail, the court might allow publication of the notice in a newspaper of general circulation.

You'll likely need to provide evidence that other methods of service have been unsuccessful. If possible, try to obtain the debtor's updated contact information and attempt service again.

We will discuss the possibilities in detail.

Kindly share your WhatsApp number to discuss this further.

Greetings,

If it is not possible to announce through normal means such as text messages. You can submit a request to the court to announce through alternative means such as daily newspapers.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us on WhatsApp at [-------], or share your WhatsApp number so we can contact you.

Dear Questioner,

In the event that notifying the debtor via text messages or e-mail fails, you must submit a request to the judge to authorize publishing an advertisement in one of the daily newspapers.

Hi, Good Morning!

1. According to the UAE Civil Procedure Law, a notice is considered served after 7 days from the date of issuance, regardless of whether the debtor has received it or not.

However, if the notice is sent through registered mail or through a court bailiff, it is considered served on the date of delivery.

2. If the email, SMS, and physical delivery to the advocate have failed, you can request the court to publish the notice on its website or in a newspaper.

This can be done by filing a petition with the court and providing evidence that you have exhausted all other means of serving the notice.

2.1 To petition for the notice to be published on the court website, you can submit a request to the court along with a copy of the notice and evidence of your attempts to serve the debtor.

2.2 To petition for the notice to be published in a newspaper, you can submit a request to the court along with a copy of the notice and evidence of your attempts to serve the debtor.

The court will then issue an order for the notice to be published in a newspaper of its choice.

2.3 In addition to publishing the notice on the court website or in a newspaper, you can also try to locate the debtor's physical address through other means, such as through their employer or through their bank.

If you are able to obtain their physical address, you can then request the court to send a court bailiff to serve the notice there.

Maideid Al Mansoory Advocates and Legal Consultants