Questions & Answers - Legal Advice Middle East

Eligibility for bankruptcy if I have a commercial case of less than AED 30,000

Q: Dear Sir/Madam, Do I qualify to file for insolvency/bankruptcy if I have a commercial case of less than AED 30,000 and am unable to pay it due to a long-term unemployment?

Can the court block future requests by a defendant to create assets in his name?

Q: Hello, Upon executing a judgment order to block bank accounts, cards, cars, and other assets, the court investigation found that the defendant had none under his name. Can the court block new or future requests by the defendant to create assets in his name, such as bank accounts, cars, etc.? Thank you!

The debt collectors sent me a case number for a credit card debt but I could not find it. What to do?

Q: Hi, I have a card balance of AED 6k. Third-party collectors messaged me on behalf of the bank that they would initiate an execution case against me and forward it to the lawyers. They even gave me the case number. I checked in Estafser and the Dubai Police App but the case number they gave me shows not valid. How should I know if there is an active case against me? And from whom should I receive the message legally? Appreciate your advice

What is the difference between an Advisory Agreement and a Consulting Services Agreement?

Q: What is the difference between an Advisory Agreement and a Consulting Services Agreement?

Can my wife, who is under my sponsor's visa, start a business?

Q: Dear Sir/Madam, Can my wife, who is under my sponsor`s visa, start a business in Abu Dhabi in 2023?

My company forced to resign because I refused salary reduction and they hold my passport. What can I do?

Q: Hi Sir, Greetings. I`m an employee of a commercial broker company. I have done my 4 months here. I joined the company on the 17th of July. My salary was AED 2500. On the 2nd of Nov, they asked me to sign a new contract which is AED 1525 contract salary in a month. I refused to sign the contract then they forced me to resign. They gave me a blank paper and asked me to write my resignation letter and I wrote it on the 18th of Nov. Now they are not canceling my visa and they are not releasing my passport. They are asking for the visa cost which is AED 5216. I don`t have money for my room rent this month or even food to eat. What can I do? I need your help.

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What can I do if the landlord insists on rent increase as per RERA Rental Index?

Q: What are your guidance and opinion on the below matter? On 28th August, 90 days before the renewal, I sent an email notice for renewal of rent at AED X. The tenant disagreed with the rent renewal, stating that AED X is not in line with the rental index. Enough reasons, the tenant did not agree. The apartment comprises the following features: one bedroom and a small one, a bed, and a cupboard. Provided kitchen with home appliances fridge, washing machine, and cooking range oven. When the tenant did not agree and no conclusion was reached, I was left with the option to seek a DLD Rental Evaluation, which I obtained on 28th Nov 2023. The DLD provided a rental valuation of AED Y. I communicated the DLD-provided rental valuation of AED Y to the tenant on 28th Nov 2023. On the same day, I also provided a fair option to continue for 3 months at the last year`s rent and to consider the revised 90 days` notice based on DLD rental valuation to decide whether to continue with the renewal or not.

How to make a visa for my maid who got overstay and absconding due to fraud?

Q: Good afternoon I’ve been trying to make a visa for my maid for several months as I have fallen victim to fraud on an online website claiming to be Amer. It’s been several months and I’m trying to remove absconding now as she has overstayed. The company that has put absconding on her visa is located in Abu Dhabi. They no longer exist and they shut down 2 weeks after her entrance. I’ve gone to Immigration several times and they don’t seem to help. Is there something I can do? Can I be guided on what I can do about the matter to lift the absconding? Please help

Can I get a police clearance with a prior finished and sentenced criminal case?

Q: Dear Sir/Madam, Can I obtain a police clearance after serving a sentence and appealing to court in the UAE? I had a misdemeanor in 2018, a 3rd-degree case. After that, I secured a job and obtained a visa, but due to the police clearance rule, I failed to obtain it. However, my case was settled five years ago in the appeal court, and I served one month in Al Wathba prison.

Can the company pay my gratuity upon termination only for onsite service and skip my remote service?

Q: I worked for a company for 2 years and 2 months. For 8 months, I worked remotely under a contract governed by UAE law. The contract explicitly stated: "This contract is governed by and shall be construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates." During this remote period, I accrued 25 days of vacation. After the remote work period, I relocated to Dubai with a new contract. This contract acknowledged my prior remote employment I worked onsite for the company for 18 months, after which they terminated my employment. Now, regarding my termination, I have two questions: 1. The company has mentioned that they will compensate me for the 25 days of vacation at the remote rate, considering that these vacation days were accrued during my remote work period. 2. They also informed me that I will not receive gratuity for the entire duration of my service but only for the onsite period (18 months) as I had two separate contracts. Is this legally valid?

Do I need to serve any notice period if I resign during probation period?

Q: I`m going to give my resignation within my probation period. Do I need to serve any notice period? I am traveling back to my home country for higher studies.

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What are the consequences of a false health insurance claim?

Q: Dear Sir/Madam, My wife submitted a false health insurance claim, and the insurance company detected it. My employer provides the insurance, so I`m concerned about the potential repercussions.

What procedures should an LLC follow to file for an outstanding payment?

Q: Dear Sir/Madam, What procedures should an LLC follow to file for an outstanding payment? What steps should an LLC take when filing? In the case of a legal notice for outstanding payment, which sections of the law should be mentioned?

My landlord served me an eviction notice and sold the property. Is the new landlord obliged to send a new notice?

Q: I was served an eviction notice from my present landlord 5 months ago, he has now sold the property. Does the new landlord have to serve me a 12-month eviction notice now also?

Is the creditor obliged to provide a proof of funds for the debtor to issue an arrest order?

Q: I recently made a petition to issue a subpoena arrest order on the debtor in my execution case. The honorable court rejected my petition. I was then told that there is a new ruling that the creditor has to prove that the debtor has funds while submitting a subpoena request. A) Is the above new requirement true? Is it not sufficient to prove that the debtor has not paid? B) The debtor made a power of attorney in the name of her brother, giving him the power to collect all funds that are payable to the debtor. In this way, the debtor`s bank account shows zero, but she can get a supplementary credit card from her brother, and pay for all purchases. What can I do? C) What methods are available to me to detect the funds of the debtor, or to prove that she is using methods to hide her funds? Thank you for your assistance

How can I make sure it is safe to travel to the GCC if I left the UAE with unpaid loans?

Q: I lived and worked in the UAE from 2014-2016. At that time, I had credit cards and loans. I returned home for the summer and my grandmother became ill not allowing me to return. I`m trying to settle all or any debt against me, if possible, to be eligible to return to any part of the GCC, and I want to know my odds of being able to do so. Thank you for any help or advice given.