Questions & Answers - Legal Advice Middle East

How to recover the amount of a bounced cheque without filing a civil case?

Q: Dear sir/madam, I registered a case against a company for a cheque bounce totaling AED 660k. The manager was arrested and then released and now the owner has been caught who flew into Dubai and was caught at the airport. What do I need to do now? If I don`t file a civil case, what happens in that case? And if I file a case in court, how much do I need to pay? My business is at loss and I can`t afford any more expenses. I came to know that after paying a fine of AED 5k, these guys will be free and can travel out of the country. In that case, they will never pay my money, and if I file a civil case, I will just keep incurring more expenses. Is this right?

Is sending an eviction notice via e-mail considered legally accepted?

Q: Dear sir/madam, I live abroad. I served 90 days` notice via e-mail (which is acknowledged by the tenant). I have a clear intention not to renew the tenancy agreement after its expiration date. Is this considered "legally approved technological means"?

إلغاء حكم بالحبس بسبب قرض بعد صدور القانون الجديد

س: السلام عليكم، بخصوص قرض من البنك أعطيتهم صك وقدموه إلى القضاء وصدر الحكم بسنتين حبس. حسب القانون الجديد (سنة 2022)، هل يمكن إلغاء هذا القرار والسفر إلى الإمارات والتفاوض مع المصرف؟ أيضًا لمزيد المعلومات، قدّم المصرف بدولتي شكوي مدنية وتمت التصفية من حيث الشكوى المدنية. ما الإجراءات اللازمة؟ والسؤال الأخير، ما تكاليف المحاماة في هذا المجال؟ شاكرًا تعاونكم!

Recovering an amount of a cheque after bank account closure

Q: Dear sir/madam, A bank cheque was issued by an individual to my business partner. My business partner did not present the cheque for encashment for a month or so. However, my partner has now come to know that the individual who had issued the cheque has closed the bank account. What will be the status now? What will happen if the cheque is presented to the bank? And what legal recourse does my business partner have to recover the amount due to him? Looking for advice from the esteemed lawyers of this forum. Regards,

Is the eviction notice sent to the tenant by email considered valid?

Q: I don`t live in the UAE. I have served 90 days Notice via e-mail (which is acknowledged by the tenant), with a clear intention not to renew the tenancy agreement after its expiration date. Is this be considered "legally approved technological means", and will it be considered as served?

Can a major mental health issue bean excuse for someone accused of defamation?

Q: Can someone accused of defamation claim that he has acted because of a major mental health issue?

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Inability to get the labor dues due to false allegations by the employer

Q: Hi all, I hope you are well! I have a question regarding a dispute with my employer and I am currently awaiting for hearing on my case. I have submitted my resignation with the intention to complete 30 days notice period due to false allegations leveled by the employer. It did not go down well with them and refused to accept my resignation and took my laptop and access card and sent me a termination letter after 4 days. It was an arbitrary dismissal with a refusal to accept my resignation. My question is whether I will be correct to put forward a claim for arbitrary termination and a claim for damages per court decision including my gratuity and pending leaves. The employer has no intention to make payment and is threatening me with a police case and a bad referral for future employment. Please guide me on this situation as I wait for a hearing from the Dubai court. Thank you in advance!

The right of the tenant to contest an eviction notice that has never been delivered

Q: As a tenant, I would like to understand if an eviction notice that was formalized through a notary public but was not properly addressed, is still valid and enforceable. I would also like to know if I need to contest it (which is a costly matter) or if I can just ignore it (and wait for the landlord to start a dispute or send a new notice). The specifics: The rental management company claims that my landlord has sent a formal eviction notice through notary public 4 months ago. However, I`ve never received this. The rental management company sends me a photo of the eviction notice and Aramex delivery slip via WhatsApp. However, on the eviction notice, the rental management company is listed as the notified party. And the Aramex slip also shows that the documents have been delivered there. The rental management company claims that the notary public is saying it has also been delivered to my house. Is the eviction notice valid and enforceable? And if not, should I contest it through RDC?

Can cancel my visa and get a new visa if I have pending cases?

Q: Hi I have 2 rent enforcement cases by the landlord on me. Both cases are in court. For 1 case there is only an eviction order and for the other case, there is an eviction order as well as an arrest warrant. I am going to change the company. Will I be able to cancel my visa and get a new visa? I will stay inside the UAE.

Best way to file a case against my ex-wife to pay her agreed part of kids education

Q: My ex-wife had signed a document unconditionally agreeing that she will pay 50% of the cost of education for children. I registered an expert dispute case with my ex-wife as a party. The court appointed an expert who determined that the share that my wife should pay is 468,300 AED. Are the conditions for the performance order met? Or should I register a regular civil case?

فتح ملف تنفيذ بعد كسب قضية عمالية بدون نتيجة. ما الحل؟

س: السلام عليكم، كسبت قضية عمالية وتم فتح ملف تنفيذ. تقدمت بطلب الحجز على مقر الشركة والرخصة التجارية والحسابات البنكية بدون أي نتيجة. تقدمت بطلب إحضار للمدير وتم رفضه من قبل القاضي. لو تكرمت أخبرني بما يمكن فعله، علمًا بأن الشركة مساهمة محدودة المسؤولية وتم فتح ملف التنفيذ منذ أكثر من شهرين بدون تقدُّم. شكرًا!

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What kind of agreements do you need to set up a company?

Q: We are 3 friends planning to start a business. One is a sleeping partner as he is working with another company. So could you please suggest to me what kind of agreement I can make to add myself legally to the company?

How to sue a stocks trading company and claim back invested money

Q: Hi Lawyers, A lot of people had invested in a Forex trading company based in the UAE. Do we need to get a lawyer to file a case or can we report it to the police station to summon the party involved so they can settle and refund our money back? Please help us. Thank you!

How long is the notice period to vacate if the landlord is selling his property?

Q: My landlord is selling his villa and wants us to leave. I thought he should give 1-year notice. Our lease is up on 14 March, 85 days from now. My rent is 220k per year, he has now advised today an increase to 260k per year. Is this aligned with the law? Thank you

Termination of an employee after filing a labor complaint for non-payment of dues

Q: 2 months back I filed a complaint to the labor because I wasn`t getting off days. My employer decided to give me two off days per month, but after two months he came back saying he is going to terminate me because all workers are complaining, and he going to compensate me. Among the money calculated was all the overtime money, gratuity, pending salaries, dismissal amount (3 months` salary). So we agreed on the amount to be paid, but when they presented the end of service entitlement form, the agreed amount wasn`t stated and I refused to sign it. I went to the labor office and filed my complaint. Now because I filed the complaint, the company has immediately stopped me from work. Is it right for them to stop me? And was the amount I calculated the right one?

The visa is rejected due to a cheque bounced by mistake. What to do?

Q: Hi, I forget to take my cheque from the landlord when I left the house after getting the clearance letter from the landlord. By mistake, that cheque is given to the bank and it bounced back. Now after a year when my company was trying to file a VISA for me, it gives visa rejection. Any suggestion to get out of this.