Questions & Answers
Can the debtor file a bounced cheque case against a car loan I took if it is a guarantee cheque?
Hello,
I'm from the Philippines, working here for 15 years. I have a big problem, and they have repeatedly given me a case of a cheque worth AED 73,000 for almost 9 years.
Recently, they filed a case again after knowing that my case was done last October. This cheque is a guarantee cheque only for my 5-year monthly car installments.
I paid for almost 2 years and have 3 years left to be paid, but I gave the person who guaranteed my car a cheque worth AED 73,000 at that time.
I don't have enough requirements to get the 5-year monthly installment car, so I asked someone to help me, but my biggest mistake is that I don't have any agreement for this cheque because I totally trust him as my family.
After delaying payment for 2 months because I went on vacation and came back, he asked me to visit their shop. When I went, they just called me and told me to get his things.
Dear Client,
Thank you for reaching out and sharing the details of your situation.
I understand how distressing and complicated this ongoing issue with the guarantee cheque must be for you, especially given the length of time and the trust you placed in the other party.
Based on the information you provided, here are my initial observations and recommendations:
1. Legal Status of Guarantee Cheques
In the UAE, cheques - regardless of whether they are issued as a guarantee - are considered legally binding financial instruments.
The absence of a written agreement, unfortunately, makes it more challenging to prove the original intent behind the cheque.
However, any evidence that supports your claim (such as payment records or communication with the other party) can be valuable.
2. Repeated Legal Cases
The repeated filing of cases is possible because the cheque remains unsettled. Even if previous cases were closed, the holder of the cheque can continue to pursue legal action until the matter is fully resolved or the debt is proven to be paid.
3. Recommended Next Steps
- Gather Documentation: Collect all records of your payments towards the car, such as bank statements, receipts, or any written communication with the other party.
- Seek Legal Advice: Given the complexity and duration of your case, I strongly recommend consulting with a UAE-based lawyer who specializes in financial disputes and cheque cases.
A legal expert can help you prepare a defense, represent you in court, and, if possible, negotiate a settlement.
- Consider Negotiation: If possible, try to negotiate directly with the cheque holder to reach an amicable settlement. This can sometimes prevent further legal escalation and additional costs.
- Prepare Your Defense: If you have evidence that the cheque was issued as a guarantee and that you have made substantial payments, your lawyer can present this to the court as part of your defense.
4. Legal Changes
Please note that recent changes in UAE law have shifted most bounced cheque cases from criminal to civil matters, but the financial obligation remains enforceable.
In summary:
Your situation is complex, but common. The key is to organize your documentation, seek professional legal assistance, and consider all possible avenues for settlement.
If you need a referral to a reputable lawyer or further assistance, please let me know, and I will be happy to help.
Best regards,
According to UAE law, a cheque is considered a payment instrument, and issuing a cheque without sufficient funds is a criminal offense, even if it was intended as a guarantee, unless there is clear written proof stating it’s a guarantee cheque.
If cases are being repeatedly filed for the same cheque, it may be possible to challenge them based on double jeopardy or bad faith.
Our legal center specializes in such cases, and you can contact us via WhatsApp for further legal support.
We understand your concerns.
Hence, you don't have any agreement for the cheque, so it will be a little bit difficult to prove before the court.
We will let you know the procedures to be undertaken in detail. Kindly share your WhatsApp number to discuss further.
Dear Questioner,
Thank you for sharing the details of your situation. I understand how difficult and emotionally exhausting this has been, especially after your long-standing residence and work in the UAE.
Based on what you’ve explained, it appears that a guarantee cheque of AED 73,000, which you issued to assist with your car financing, has once again been used to file a legal case against you, despite a prior case being resolved in October.
You mentioned that you had paid installments for almost two years and only experienced a short delay in payment due to personal reasons.
Please allow me to clarify a few important legal points:
Guarantee Cheques and UAE Law:
In the UAE, even if a cheque is given as a guarantee, it is legally enforceable. The person holding the cheque has the right to present it for payment. If it bounces, they may pursue criminal or civil action, depending on the circumstances.
Re-Filing of Cases:
If the earlier case was closed for a specific instance or if the cheque was presented again and bounced recently, they may legally re-initiate the complaint. However, the matter can often be shifted to civil court under the updated cheque laws.
Lack of Written Agreement:
While it is unfortunate there is no written agreement with the individual who helped you, we can still rely on any evidence of your payments (bank transfers, receipts, messages, etc.) to show your intention to pay and that this was not a fraudulent act.
Legal Support Steps I Will Take:
Review Case History and Court Files:
I will examine the status of the previous and current cases, including how and why the new complaint has been accepted.
Communicate with the Complainant (if viable):
If there is room for negotiation, I will seek a written settlement or withdrawal of the case to protect your record and prevent escalation.
Prepare Your Legal Defense:
I will gather supporting documents showing your payment history and intent to settle the car dues, which will support your position if the case proceeds to court.
I recommend you begin collecting any proof of payments made, communication with the complainant, and your car financing documents.
Rest assured, I will represent you through this process and work toward a resolution that protects your rights and avoids further complications.
Please don’t hesitate to reach out if you receive any new notices or calls related to the case.
Kind regards,
Mohammed Salah
Legal Consultant
Dear Inquirer,
Thank you for reaching out.
Based on your message, it appears you are facing a repeated misuse of a security cheque that was given in good faith, without a written agreement.
This type of issue, especially when it involves criminal complaints for a cheque meant only as a guarantee, requires immediate legal action to protect your rights and stop further abuse.
We strongly recommend that you book a consultation with our legal team at Future Vision for Advocacy and Legal Consultancy to review your documents, assess the case history, and determine the best strategy—whether it's filing a civil case, responding to the criminal complaint, or negotiating a legal settlement.
You may also authorize our office to represent you before the relevant authorities.
We are ready to assist you.
Best regards
To address your cheque-related case, determine the nature of the case, gather all payment and communication records, consult a lawyer, negotiate or mediate with the opposing party, attend court hearings, and take steps to prevent similar issues in the future.
Please contact us by phone or via email.
