Questions & Answers
I have a case running in court and I am afraid the debtor will flee the UAE. Will a travel ban be automatically placed?
I filed a money claim above AED 10,000 (but will probably be above AED 50,000 if capital + dividends are combined) against someone in Abu Dhabi.
The mediation time has elapsed, 2 court sessions have been done, and the defendant still hasn’t shown up or appeared in either of those. In the last/latest court session, the judge said that the defendant is still inside the UAE.
About the travel ban, is it automatically applied to him because of the case, or do I have to ask/request it to be applied to him through the Abu Dhabi court?
Dear Questioner,
Thank you for reaching out regarding your money claim in Abu Dhabi.
In UAE civil procedures, a travel ban is not applied automatically just because a financial claim has been filed.
If you wish to prevent the defendant from leaving the UAE while the case is ongoing, you must submit a formal request to the court to impose a travel ban.
To do so, the court generally requires:
Proof of a serious risk that the defendant may abscond to avoid payment or judgment.
A substantiated claim amount, typically supported by contracts, transfers, or other evidence.
In some cases, the court may require you to submit a bank guarantee or deposit as security when applying for the ban.
Since your case is already in progress and the defendant has failed to appear multiple times, you may be in a stronger position to request such a ban.
Please let us know if you need assistance in submitting the travel ban request or with any part of your ongoing case.
Best regards,
Mohammed Salah
Legal Consultant
Generally, a travel ban is NOT automatically applied to a defendant simply because a money claim has been filed against them in the UAE.
While the case is ongoing, the court's primary focus is on adjudicating the claim itself. You typically need to make a formal request to the Abu Dhabi Court to issue a travel ban against the defendant.
You need to demonstrate to the court that there is a legitimate concern that the defendant might leave the country to avoid fulfilling any potential judgment against them.
The fact that they haven't appeared in two court sessions despite being in the UAE could be used as part of your justification.
If you need further clarification, you may ask.
