Questions & Answers
Questions & Answers
6 available 6 • View allFiling a civil case for recovering a bounced cheque amount
1
Q: Hi,
I have filed a case against my client for the returned cheque of 45k. He got released after paying a fine.
How can I file a civil case and which department should I approach?

Dec 16, 2018
1115
Claiming the unpaid price of items delivered to the client

0
Q: Dear Sir,
Would like to know how I can deal with the following situation.
I am the MD of a granite exporting firm in Andra Pradesh, India. In Sep 2018 I had delivered two containers of granite to a company in Ras Al Khaimah.
The understanding was AED 10K on the delivery of container and the remaining 35K within 3 months as PDC. However, the client gave only 5K as cash on delivery and so far has been giving various excuses (in between around 45 days he was in India). The PDC date was in Dec 2018.
My company is not registered in the UAE and we have delivered the container on CNF. The cheque issued is on my name and is from the client's company.
I need to know what I should do to recover the money. I have a residence visa in the UAE.
Thanks
Sajan


Feb 18, 2019
732
Filing cases to recover the amount of a bounced cheque
1
Q: Dear Mrs Khan,
I have recently received a Post Dated Bank Cheque from one of my new clients, the cheque date is Thursday 19th Apr 2018.
Today, I called this client to find out that they are not answering calls, and when I went to their office I found it closed and many of their suppliers in the corridors complaining about their Bank Cheques that were bounced back (rejected).
The owner of this company seems to have already left the UAE and none of his employees is answering the phone. So most probably the bank cheque that they gave me (AED 57250) will bounce back Thursday.
So I want to start taking action now. I sold them 10000 boxes of 15 Kg lemon, which they stored in a third-party cold storeroom in Dubai. I went and found that the lemon is still there.
Please, could you tell me how can I legally get back my lemon as I'm 100% sure I will not be paid?
Thanks in advance and please feel to ask should you need more details.

Apr 23, 2018
917
Commencement of legal proceedings to recover commercial dues
1
Q: Hello Mr Hari,
Can you kindly inform me what is the procedure for a cheque bounce case?
One of my friends has an equipment rental services; he had received a cheque of AED 300000.00 from a company.
How can he file a case against the cheque, and what would be the % or lawyer fee after collection?
Thanks
Ms C.

May 17, 2019
389
Commercial recovery case for pending payments with a customer
0
Q: Dear Rajasree,
Our company is into building materials trading. One customer of ours owes us AED 85,000 which is due for more than 180 days.
They have issued cheques to us for AED 65,000 which have bounced. We require legal advice on how to proceed.

Jun 16, 2019
299
Assistance with collecting unpaid debts from clients


0
Q: Our company is not operational anymore as we had debt with two banks and we are now in India. So, we have been negotiating with the bank directly to bring down the one-time settlement amount.
We most likely have two cases against our company by these two banks.
I need two services from you.
1. Collect debt on behalf of us - from several companies - total around AED 1.3 million.
What's the likelihood of collecting these debts?
How will you pay back to us in order for us to settle to other suppliers?
And is there any fee or once you receive our payment? If there is an upfront fee, we are unable to pay at this stage.
2. We already have AED 600k worth of cheques under our company name. How will you help in cashing those cheques on behalf of us? Is there a way?
If we deposit into our bank account, does it get deducted towards our debt without reaching a settlement. There are 4 cheques.
Share your thoughts. We would hire you if your answer makes complete sense to us.



Nov 24, 2019
396
Laws & Regulations
4 available 4 • View allFederal 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
33003
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75285
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
148354
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3529

Other answers by
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View allLegal remedy for non-compete suit filed by ex-employer 0
Hi,
I have signed a non-compete clause (under unlimited contract) with my previous company. After working for 8 years with them, they terminated me.
I have now joined a competitor considering there was no other job available in the market. Now after 7 months, my previous company has filed a legal suit asking for compensation considering I am in a similar role and in the same territory.
What is the available remedy?
Oct 29, 2019
587
Filing a case against husband by a non-Muslim wife for adultery 0
I am a non-Muslim Indian woman. I discovered that my husband is having an affair with another woman. I know it is a criminal offense in the UAE and I want to know about the punishment for such an offense.
I would also like to know what kind of evidence is required to file a criminal case?
We both share the same laptop at home and the screen was not clear so I took a backup of the pictures where I have my marriage pictures and also my daughter's pictures. In that, I have found an adultery video of my husband with a woman, close pictures, and some messages.
Once I spoke to him about it, he broke the laptop but I have those pictures with me.
Please help me!
Oct 20, 2019
1280
Ensuring that the employee will not approach the clients after leaving 0
I have a small company of 4 people. One of my oldest staff who has worked for 11 years is leaving. He handles 80% of my clients and work.
Without proof, I know he is going to open his firm. I don't want to harm him but I want to secure my clients. Is it legally okay for me to make him sign a contract that he cannot approach my clients in the near future?
If yes, then what will be the procedure?
Do I have to go to the notary to make this contract valid?
Oct 8, 2019
879
How to make due diligence before entering into a restaurant investment 0
I'm interested in investing in a restaurant business. How can I check to ensure they are a legitimate company and won't just take my money and disappear?
Oct 7, 2019
445
Liability for taking the payment of a customer after leaving company 0
I resigned from my finance job. After that, I picked up my customer EMI 2 months ago.
Can the finance company register any complaint on me?
Sep 24, 2019
489
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