Questions & Answers
Can I submit an affidavit by my husband to replace me in liability for cheque bounce in rental cases?
I am reaching out for legal assistance regarding two rental cases filed in my name due to cheque bounce issues.
My name was used to set up a company by my husband, who holds a Power of Attorney (POA) for the business. Unfortunately, he signed cheques in my name that were issued for rental payments, leading to these cases.
My husband is prepared to provide an affidavit to the court, taking full responsibility for the legal matters associated with these cheques and affirming my lack of involvement in the company’s financial decisions.
Could you please guide me on the following?
1. The process to prepare and submit the affidavit in court to release me from liability in these cases.
2. Any required documentation or steps to support the affidavit.
3. The estimated costs for drafting, notarizing, and filing the affidavit, as well as any additional court fees.
Thank you for your guidance on this matter. I look forward to your advice on moving forward.
Yes, you can prepare and document an acknowledgment attributed to your husband and then submit it to the court. Preparing and documenting the declaration will cost you 3,000 dirhams.
If it is convenient for you, contact us on the phone.
Hello,
It is possible to present an affidavit and supporting documentation to clarify your lack of involvement in the rental cases resulting from the bounced cheques.
The affidavit must include:
- Details of your husband’s authority via the POA
- An explanation of how and why the cheques were issued under his direction
- A statement affirming that you had no role in financial transactions related to the rental payments
- Your husband’s commitment to assuming full responsibility for the legal and financial matters in these cases.
If there are any business records or bank statements that support his role in the financial transactions, these can be submitted as evidence to reinforce the affidavit’s claims.
We can assist you in submitting the affidavit, POA, and supporting documents to the court.
For a detailed discussion, kindly share your Whatsapp number.
We will provide you with the above-mentioned services. We will help you in preparing the Affidavit. The affidavit should be drafted carefully and should include several statements.
It should also be notarized by a notary public in the UAE. This will add credibility to the document and ensure its legal validity. Then file the Affidavit with the Court.
We will discuss more about the procedures and charges. Kindly share your WhatsApp number to proceed with us.
Greetings
As long as your husband is willing to acknowledge, we can draft the acknowledgment, authenticate it, and file a request in the lawsuit to remove your name from it.
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.
Kindly send us a copy of the company's license and identify the person who signed the checks, along with contacting us to issue a power of attorney to defend you and take legal actions to submit a reply memorandum, including all evidence supporting your defense.
Dear R.,
Thank you for reaching out to us for legal assistance regarding your rental cases in the UAE. We understand your concern and are here to guide you through the process of preparing and submitting an affidavit to release you from liability in these cases.
As per UAE law, a person can be held liable for any financial obligations incurred by a company if they hold a POA for the business.
However, in your case, your husband has agreed to take full responsibility for the cheque bounce issues and has affirmed your lack of involvement in the company's financial decisions.
This can be presented to the court in the form of an affidavit, which is a written statement made under oath.
To prepare and submit the affidavit, you will need to follow these steps:
1. Drafting the Affidavit: The first step is to draft the affidavit, which should clearly state your lack of involvement in the company's financial decisions and your husband's responsibility for the cheque bounce issues. It should also include any relevant details, such as the company's name, the cheque numbers, and the rental amounts. We recommend seeking the assistance of a legal professional to ensure the affidavit is drafted correctly.
2. Notarizing the Affidavit: Once the affidavit is drafted, it needs to be notarized by a notary public. This is a legal process where the notary public verifies the identity of the person making the statement and witnesses their signature.
Kindly do not hesitate to reach out to us directly by phone or email for further assistance in your specific case.
Greetings
Thank you for reaching out regarding the rental cases stemming from bounced cheques issued in your name.
I understand the distress this situation may cause, especially given your lack of direct involvement in the company's financial decisions. Here's how we can proceed:
1. Preparing and Submitting the Affidavit:
Your husband's affidavit should clearly state that he, as the holder of the Power of Attorney (POA), was solely responsible for the company's financial transactions, including issuing the cheques in question. This document will serve as evidence of your non-involvement.
Steps:
Drafting the Affidavit: The affidavit must detail the circumstances, emphasizing your non-participation in financial decisions.
Notarization: Once drafted, the affidavit should be notarized by a UAE-licensed notary public to authenticate its validity.
Submission to Court: After notarization, the affidavit needs to be submitted to the court handling your cases.
2. Supporting Documentation:
To strengthen your position, the following documents are advisable:
Power of Attorney (POA): A certified copy of the POA granting your husband authority over company affairs.
Company Registration Documents: These can demonstrate your husband's role and responsibilities within the company.
Bank Statements: Records showing that the cheques were issued from accounts managed by your husband.
Correspondence: Any communication indicating your husband's control over financial matters.
3. Estimated Costs:
Drafting the Affidavit: Legal fees for drafting may vary; I can provide a detailed quote upon further discussion.
Notarization: Notary fees in the UAE typically range from AED 100 to AED 500, depending on the document's length and complexity.
Court Fees: Filing fees depend on the court and the nature of the case. An estimate can be provided once we have more specifics.
Additional Costs: There may be translation fees if documents need to be translated into Arabic, as well as administrative expenses.
Given the complexities of your situation, it's crucial to handle this matter promptly and accurately. I recommend scheduling a consultation to discuss the specifics and develop a tailored strategy for your defense.
Please feel free to contact me via WhatsApp, phone, or email to arrange a meeting at your earliest convenience.
Best regards,
Suhail Rana
