Questions & Answers - Legal Advice Middle East

Clearing bank cases for loans and credit cards by paying the fine

Q: Hi Sir, I have a debt with a bank related to two bank loans and two credit cards. The debt total amount is around 300k. I am out of the UAE now and I want to pay and settle my case, but I don`t have the full amount. My friend told me I can transfer the case from police to court and will pay a fine, then I can come to Dubai and the bank won`t do a civil case below 100k. Is it true? Please guide me. I would like to finish this issue.

Employee's right to refuse to serve notice period after closing company

Q: My company which is under JLT free zone applied for the closing of their business there because they opened a company in the mainland. Before the final application of closing the company, I resigned from work (Please note that I am under a limited contract-free zone). My boss wants me to serve my notice period on their mainland company. Is it legal? Hoping to get an answer. Thank you so much.

Civil case by the bank after paying the fine in a criminal case

Q: Dear Sir/Madam Can a bank file a civil case after filing a criminal case? The criminal case has been lifted by paying fine at the police station. How long does it take for the bank to file a civil case after this? Am I still liable to pay to the bank after I have cleared my criminal case by paying the said fine?

التحقق من وجود حظر سفر للتخلف عن سداد فواتير شركة إتصالات

س: يوجد علي مبلغ مستحق من قبل شركة الاتصالات وقيمته 1500 درهم منذ تاريخ 2016، وأنا الآن خارج الإمارات. هل يحظر علي السفر إلى الإمارات؟ علماً أنه وصلني إنذار من شركة الاتصالات بانه تم إحالة ملفي لاتخاذ إجراء قانوني وحظر السفر، بينما الدولة -حسب علمي- تطبق حظر السفر لمن كان عليه ديون أكثر من 10 آلاف درهم.

Settlement of credit card payments in a civil case by the bank

Q: The bank is saying they will go for a civil case after I came out of the criminal case for a credit card cheque bounce. I have no money to pay. Will I be jailed? I am willing to pay the outstanding amount & dues if the bank can make for me instalment plan without a downpayment. The cheque amount was 55,000. Now, the amount including fines and dues is 77,000.

Complaint to RERA for an unjustified commission fee of property purchase

Q: I wanted to buy a ready-made apartment as a resale, where the agent asked me for his 2% commission plus 1.5% SALES PROGRESSION FEE as his company`s different department is taking care of the smooth transaction. Btw, I never heard for this fee and I am buying the property for cash and not a mortgage. Obviously, the agent wants to make more money on the transaction by adding some non-sense fees that should have been included in the commission. Is there any way to complain to RERA?

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Legal action against company for the non-payment of salary

Q: Dear Sir/Ma`am I need advice about what procedure I can follow in my situation. For over a year I’ve been working at my company. My employer delays our salary, and when he gives it`s only a partial amount, not a full month salary. He always promises he`ll give the balance on the next salary, but after that again he gives partial payment like 500, sometimes 1,000. He hasn`t given the salary for 2 months now, and yesterday Nov 11 2018, I asked for my balance salary from the previous month of Sept. and this month of Oct. Instead of giving me, he said I`ll not give the salary because there`s no money. This is my boss` drama every time we ask for the salary. Now I decided to stop work until I get paid. Any advice for me, because I don`t want to continue working with his company. Thank you

Forcing the tenant to pay the penalty for overcrowded apartment

Q: My tenant has been overcrowding the apartment and thus I have received 2 penalty fines from Trakhees. The tenant agrees to pay but he is not paying, and the contract is due to finish in a couple of days. How do I file a case against him to make him pay??

عزل المدير في الشركة ذات المسؤولية المحدودة

س: أريد أن أسأل سؤالاً لو سمحت. إذا كانت هناك شركة ذات مسؤولية محدودة بين ثلاث شركاء، هل يستطيع أي شريك من الشركاء إخراج أي موظف من الشركة من مدير مدراء أو مدير تنفيذ أو مدير صالة أو أي مدير آخر أو أي موظف آخر دون موافقة باقي الشركاء؟

Employee's failure to report to work and filing a case for entitlements

Q: An employee (driver) in my company failed to report to work on the agreed date after his leave days, then the director had to hire a driver for two days. The employee never reported to work until now but the company had to pay to his account salary for two months. Now, the driver went to a lawyer and they are requesting severance fee, illegal termination fee and salary in lieu of notice. How is all this possible and yet the employee was not fired and he never called back? Kindly help

Liquidation of free zone company and settlement of a debt

Q: My FZ company has lost its major clients and is no longer able to trade. It has one creditor with an outstanding balance of AED 120,000. What are my options to close the company down and what are my liabilities regarding the debt?

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Custody of passport after a criminal case judgment until closing appeal

Q: Hi there. I had a criminal case registered against me for flying a drone in Abu Dhabi. I had my license and the registration certificate and was flying the drone within the permitted areas prescribed by the General Civil Aviation Authority. My Drone and passport were confiscated. After 3 months, and two hearings later, I got the judgement in my favour and I was acquitted of all charges. I got the judgment paper. I got a clearance letter, but when I asked for my passport they said I have to get a clearance from the appeal court. What are they talking about? The clearance letter mentions `Expiry of Criminal Case and Cancellation of Travel Ban`

The power of one LLC partner to solely remove employees

Q: I would like to ask a question. If there is a company with limited liability between three partners, can any of the partners remove any employee from the company, such as the director of managers, the implementation manager, the director of the hall, any other manager or any other employee without the consent of the other partners?

The procedures of labour execution and its time frame

Q: Dear Sir, I have a labour case in Dubai Courts and got the final judgment on my favour. Now, I am going to open the execution file. If I withdraw my case, the company is ready to pay 50 per cent of the amount. Will the execution court make any negotiations if the employer ask for deduction? Will it take a long time to make the execution?

Settlement of old bounced cheques case

Q: Dear Sir / Ma`am, I am looking to hire an advocate for a case in Ajman Court. I have an old cheque case from 2013-14 with a judgment of 1-month jail term. I issued them in favour of someone. Total cheques (5) amount was AED 20,000. I need to settle this case (Civil + Criminal). I want to avail amnesty, so if anyone can help in this matter, I will be very grateful. Can you please reply, if you have any experience in this matter and your service fee, or you can refer someone who can help me in this matter. Thanks lot in advance.

Checking travel ban due to a possible criminal case

Q: I have a husband visa in the UAE. Now, I am in India. I did a big mistake; I stole my friend`s gold earrings 2 months before. Two weeks before, she called and said that she has raised a police complaint in Sharjah. Scared, I confessed to her that I only took it and exchanged it. But she was not ready to forgive. She said the case is still there, and my husband is telling they have banned me from the UAE. Already, some problem between me and my husband. I don`t know whether the ban is true or not. My original passport is in my in-laws` custody, but I have the passport number and Emirates ID. I want to check whether I am banned in the UAE and if they will arrest me.