Questions & Answers
Can I request reopening a civil case if the judgment was in my absence due to sending notices to the wrong address?
Lawyers misunderstood my question. Please read carefully and then guide me.
Case Type: Civil Case
Claim amount: 400,000
Paid: 65,000
Reason: Commercial agreement of supply
Emirate: Ajman
This case was registered in 2022. The judgment was in my absence, as notices were sent to the wrong address.
I was sent to jail. I made a down payment, bailed, and paid some more amount as installments. The total paid amount is AED 65000.
Now, again, an arrest warrant is issued as I did not pay the remaining 335,000 of the claim.
According to me, I had to pay only this amount because the executioner made a wrong claim, not as per the genuine claim.
So I want to reopen the case file.
I want the court to reinvestigate and start the case from scratch.
1) How can I make that request?
2) What documents are required?
3) Chances of reopening of case?
4) Cancellation of arrest warrant
Please guide me in detail, as I will do everything myself, as I cannot afford a lawyer right now.
To reopen a civil case in Ajman, submit a petition to the original court stating the grounds for your request, including improper notification of proceedings and misrepresentation of the claim amount.
Necessary supporting documents include the original judgment, proof of payments made, and relevant identification.
The likelihood of success depends on the court's discretion and the strength of your petition, particularly given your lack of notification and the disputed claim amount.
Additionally, to cancel an arrest warrant, you must demonstrate that it was unjustly issued or that circumstances have changed, such as your intent to resolve the matter legally.
Thorough preparation and legal advice are essential for a strong petition.
Hello,
In the UAE, if a case has already been judged, you can request a review or reinvestigation under specific conditions, such as if you were not properly notified about the case or if there is new evidence that shows the judgment was wrong.
To reopen the case, you will need to request a revision or appeal. You should do this through the Court of First Instance or the court that issued the original judgment.
The chances of reopening the case depend on the circumstances surrounding the original judgment, the evidence you provide, and the court’s assessment.
If the court reopens the case and you present valid reasons why the remaining amount is incorrect, the court may cancel the arrest warrant and allow you to continue with the case in a more just manner.
Dear Inquirer,
Thank you for your message.
In your situation, since the judgment was issued in your absence due to incorrect notification, and there is a dispute regarding the execution amount, you may be eligible to file a petition to reopen the case or object to the execution based on new facts and procedural violations.
Here is a general overview:
Request to Reopen/Objection: You may file an application to set aside the judgment (petition for reconsideration) or submit an objection in the execution court, especially if the notification was proven invalid.
Documents Required:
- Copy of the original judgment
- Proof of incorrect address notification
- Payment receipts (AED 65,000)
- ID documents
- Any correspondence or agreements relevant to the claim.
Chances of Reopening: It depends on the strength of your evidence, particularly if you can prove that you were not properly notified and the execution claim was incorrect.
Arrest Warrant: If accepted, the court may suspend the arrest warrant temporarily during case review.
This type of case is sensitive and must be handled carefully to avoid further legal consequences.
We strongly recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy, so we can guide you accurately and, if needed, represent you with proper legal documents.
Click here to book a consultation.
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Unfortunately, reopening a case that was adjudicated three years ago and is currently under execution will be challenging.
However, you may file a dispute within the execution proceedings (known as a 'substantial execution dispute') where you will need to substantiate your claim."