Questions & Answers

Ask a lawyer
All cities, UAE

Loan repayment to avoid legal action in home country

My friend left the UAE for family emergency reasons and had a loan debt remaining to the bank.

He continued to pay the instalments for the next 3-4 months but could no longer because he did not have full-time employment. He kept in contact with the bank and let them know his situation.

He only has part-time work while looking for full time and offered to make small payments to show good faith until he is able to secure full-time work.

Now the loan is with a collection agency which is requesting a large sum or they will pursue legal action in the US against him.

He wants to pay but due to his situation, he is unable to at this moment. They refused his smaller amount of payment offer.

He does not plan on travelling back to Abu Dhabi. The question is, he is trying to pay but they will not accept that amount.

Why will they not take the amount offered since he is communicating and wants to pay? What can they do to him in the US?

How will that help them get their money back?

Premium
Ibrahim Al Banna Advocates & Legal Consultants
Chat Hire
Meet
28 Feb 2019, 15:47

Regarding your questions, it is the bank's discretion to accept what your friend offers.

Normally, a civil case can be filed in a place where the defendant stays. So if your friend is now in the USA, they can file a case in the USA and recover the amount.

But if the agreement clearly states any other jurisdiction, it will be difficult to sustain such a case in the USA.

Regards,

AlBanna Advocates

3 Mar 2019, 01:31

Thanks for your reply.

Would you explain what you mean by "if the Agreement clearly states any other jurisdiction..."?

I am not sure what that means.

Is this referencing the loan/credit card agreement papers? What are the jurisdictions in this case?

How can my friend find out about the details of the agreement papers if he cannot find them?

Thanks

3 Mar 2019, 05:59

Good morning.

The Agreement is the one which your friend signed while taking the loan.

If he is not having it now, he has the right to receive it. He should write to the Bank or the Collection agency for that.

The Agreement might say "All or any disputes will be subject to UAE jurisdiction." In that case, any case, if filed, has to be in Dubai or the UAE only.

Regards

AlBanna Advocates

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer