Questions & Answers - Legal Advice Middle East

الأجل القانوني لاستئناف حكم بمثابة الحضوري

س: السلام عليكم، دعوى مقامة ضد ثلاثة أطراف وصدر الحكم بتاريخ 31-05-2022 حضوريًا على طرف وبمثابة الحضوري على الطرفين الآخرين. أعلنت المحكمة بالنشر الطرفين الذين لم يحضرا الحكم بتاريخ 15-06-2022. ما الأجل القانوني للاستئناف ضد الأطراف الثلاثة وتحديدًا الطرف الذي كان حاضرًا في الحكم؟ وهل المدة تنتهي بمرور 30 يومًا من تاريخ الإعلان بالنشر للطرفين الذين لم يحضرا أم منذ اليوم التالي لصدور الحكم للطرف الحاضر وللطرفين الذين لم يحضرا تختلف؟ أي هل المدة واحدة أم لكل طرف مدة؟

رفع دعوى على الزوجة بشيك وقّعته على بياض بعد الطلاق

س: السلام عليكم، زوج جعل زوجته توقّع على شيك على بياض خلال فترة زواجهم. حدثت مشاكل بينهم ثم تطلقوا. كتب الزوج مبلغ مليون درهم لصالحه على الشيك وتم تقديمه وارتجع الشيك من البنك لعدم توفر الرصيد بحساب الزوجة. هل يستطيع الزوج أن يرفع عليها دعوى شيك بدون رصيد ويكسبها؟

An ex-employee refuses a reasonable settlement. What can the employer do?

Q: Dear questioner, I have an ex-employee refusing to accept or respond to a fair and reasonable settlement offer of a cash payment of 30% of his dues and 3 checks, payable over 60 days. This is bringing the business to its knees as there is also a freeze on the company`s trade license and bank account. What are my rights as an employer to get the ex-employee to respond to the offer?

How can I settle unpaid office rent with the landlord?

Q: We are tenants for the past 18 years. Due to the business failure for 3 years, we are unable to pay the rent for now nearly 3 years and waiting for the landlord to say to vacate and go without penalizing us. However, now they have come to us and saying that we need to pay all the 3 years of rent. Failing to do so, the landlord will send the police to vacate us. Please can you advise us on the solution? We just want to move out from here as we cannot afford to pay the rent. Is there any help for us?

How can I refund my payment to a hotel apartment for bad service?

Q: Greetings! I rented a serviced hotel apartment in Abu Dhabi on a long-term lease (6 months) paying 6 months lease amount (AED 23000) in advance. After occupying the apartment on 11/04/2022, I found lots of insects and bedbugs in the room. Notified the management. However, every time I was told it is fixed. Later one night, the bedbug bite was intolerable and I was forced to vacate the serviced apartment in the middle of the night (on 28/04/2022). While vacating, I was told by email that the advance amount deducting the period of stay will be refunded within 7 working days. Now as of today (30/06/2022), I am not refunded. No one answers my calls and physical visits, I am told they are not available. The amount agreed for refund after deduction is AED 20,070. Please suggest what I should do to get the refund for the failure to provide the service. I have the receipt of payment and email from the management regarding the refund. Pictures of the bedbug bites are also available. Thank you. B.

I have an outstanding loan and I want to negotiate with the bank to reduce the interest

Q: Hi, I have an outstanding loan of 150,000 in Dubai but I am no longer working in Dubai and currently looking for a job in my home country. My intention is to pay the installment amount in a timely manner but I want the bank to decrease the interest charges. Is it possible for the bank to do so?

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Can I take the settlement for credit card offered on the phone by collection agency?

Q: I agreed with the collection agency regarding my unpaid credit card dues and they sent an email to me stating that as agreed, in the telephonic conversation, I can pay the amount as installments and close the cards. Is it valid to accept it as email from collection agent or I need to get the settlement agreement from bank on their letter head? Kindly advise.

How to make a friendly loan agreement with my colleague?

Q: My colleague borrowed money from me in 2020 during the COVID-19 situation. I can`t get my money back. He tortured me. He has been sending messages to me on WhatsApp. If he goes to his country and didn`t come back, I will not get my money back. And he asked again for money (3000 dirhams). Now the total amount is 10000 dirhams. I didn`t go on vacation because of this, please help me.

I lost my job and left Dubai without completing the payment of my loan. How can I come back?

Q: Hi Sir. My name is K. A. D. P. I have been working in Dubai since 2005. But unfortunately, in 2017 I lost my job and the company closed. So I didn`t know what to do because my family is with me and I have a flat with 2 cheques pending that I can`t pay. My personal loan balance is 17000 thousand. I have no other option I took my family and moved back to Sri Lanka to drop them but the situation stopped me from coming back to Dubai now. I need to come back but I believe I have these 2 cases against me. Before I come I need to know any fine I have to pay or any other punishment I got. Please, Sir, do let me know. I need help from the Dubai police. Kindly help me. Thanks

Can the wife and daughter of an employee stay on his visa after he passes away?

Q: Hi A husband dies and his wife and daughter are under his visa. Can they continue with his visa if the company let them stay with that visa and the company didn`t cancel his visa?

Discovering that a second hand car is faulty after purchase. What to do?

Q: Dear sir/madam, I bought a 2nd hand car from the main dealer of the brand and have had problems since purchase. I am now 3 months since purchase and have had a breakdown with major repair work required. The car is from 2017 so not that old. I have notes, dates, and receipts of all the work in those 3 months, some were back at the main dealer. My question is, under the Consumer Protection Law, what options do I have against the main dealer? It has only been 3 months and the car needs 5 figures of AED in repair work. Grateful for any legal advice on the next course of action, please!

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What is the possible punishment for drinking and driving in Dubai?

Q: My husband was detained in the police station for drunken driving and a case has been filed. What are the next steps?

How to follow up with the execution and get the payment of a labor judgment?

Q: My dad had worked at a company for 33 years. Unfortunately, the company collapsed and he didn`t receive his salary for the previous 3 years and service money for the past 33 years. He filed a case in labor and won the case in his favor. As his visa got expired he gave fees for execution and left for his home country. Now it`s been two years and not a single penny has been received. How can I move forward? When I inquired with the lawyers whom I had given the case they told me the defendant has transferred all his belongings to his children to show that he has no wealth. Any small piece of advice will be beneficial.

عواقب التنازل عن دعوى عمالية لتسريع التسوية الودية

س: السلام عليكم، رفعت قضية عمالية على الشركة للمطالبة بمستحقاتي وأود أن أسوي الأمر بصورة ودية قبل الجلسة لرغبتي في العودة لبلدي. السؤال: هل يمكن أن تُصدر الشركة حرمان لي بسبب تنازلي عن القضية والقول إنها شكوى كيدية؟

Can the wife resident visa be kept on hold in case the sponsor is changing jobs?

Q: Can the dependent resident visa (wife) be kept in case the sponsor is changing jobs in the same emirate Abu Dhabi, UAE? It is a change from government visa to private company visa.

How to claim an invoice amount from a customer residing in the UAE?

Q: Dear sir/madam, I am from Kenya. We supplied flowers to a customer and since February 2021, he has not paid except for some little minimum amount. How do I recover my money? He keeps giving empty promises.