Questions & Answers - Legal Advice Middle East

Enforcement of Small Claims Tribunal judgement for credit card

Q: I have an old credit card which I was paying until October last year. Due to job loss and then I got a new job at 30% lesser salary, I started paying the bank under a settlement plan from January but missed 2 payments in between. I have paid 5800 last month and 3000 this week, but the bank is asking to pay more 2400 to cover up for the missed payments which I told them I can`t. They are saying that they will cancel the plan and file a case in DIFC SCT court and there I will have to pay the full amount (AED 50K). There are no fines in the DIFC court & maybe I`ll be ARRESTED. So, please let me know what is the process at DIFC SCT court and if they will arrest me in case I didn`t pay the full amount.

Clearance of a pending debt and returning to the UAE

Q: I am a US citizen with a sizable debt in the UAE after leaving for health reasons. I sustained an injury that required rehabilitation. I do not like how I left the UAE. It eats me up inside. I miss my brothers/friends in the region. I wish to return to fulfil my obligations. Under fear of arrest, I can not dream of the UAE as home anymore. However, if I were to be given another chance for employment in Dubai, could I renegotiate new loan terms that would allow me to return? Thus paying my obligatory debt and satisfying my passion to do what is right? Thank you in advance. My salary in the UAE was substantial at over 47k/monthly. The new contract would be more. Give me some choices on what I should consider.

المحكمة المختصة بنظر الدعوى حسب الاختصاص المكاني

س: كان علي قرض لأحد البنوك في بلدي الاردن، والتزمت بالسداد لمدة سنوات، لكن الأحوال المالية أصبحت سيئة وسافرت الى تركيا لأحصل على فرصة لترتيب أموري. هل من الممكن أن يتم جلبي من تركيا إذا رفع البنك دعوى علي؟

دعوى إخلاء مأجور و مطالبة المستأجر ببدل الأجور المستحقة

س: صباح الخير معك المهندسة ح. س. أردنيه مقيمة بالامارات. عندي مشكلة مع مستأجر عقدي معه انتهى من 3 أشهر وعليه التزامات 3 أشهر لم يسددها. ومنذ أن سكن الشقة لم يلتزم غير مرة واحدة بالتاريخ. باستثاء ذلك، أترجاه كل شهر لكي يحول، حتى أنه لم يدفع للحارس. بيني وبينه عقد موقع مع شاهدين ومحادثات واتس اب. أريده أن يسدد ما عليه ويترك الشقة. ممكن أن تفيدني أكثر لو سمحت؟

Establishing a home-based business in Bahrain

Q: Hello, I`ve been wondering what would be the legal requirements to start an Instagram business that is completely home-based? The business involves selling makeup and cosmetic appliances and is run by one person (Bahraini) alongside a contract with a courier company. It also only works on Cash On Delivery. Does this business fall under the trading activities of Sijilat where I can use my home address or would I have to set up a commercial CR that requires a virtual commercial address? I`m also unfamiliar with going about these entire procedures, along with being worried about the costs of establishing the Instagram page as an official legal business being too high with all costs added such as getting the CR, rent and paying VAT. Please advise, Thank you!

Resigning during probation to take a better offer

Q: I want to leave my job. I`m working with an L.L.C. company based in Abu Dhabi since April-2019 (2 months over) and now I want to change my job to another company as the other company is offering good salaries and benefits. Currently, I`m working in a LIMITED TERM EMPLOYMENT CONTRACT with my current employer. So is there a labor ban imposed on me because right now I`m under probation period with my current employer and I don`t know my skill category? On my work visa, it is stated that (PROFESSION-ARCHIVE CLERK) and my certificate is not attested. Please clarify my doubt; what my current employer will do against me if I leave him (labour ban, penalty, or anything) on me? Your kind and immediate action in this matter is highly appreciated. Many thanks in advance!

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عقوبة المشتركين في مشاجرة جماعية

س: السلام عليكم حدثت مع أخي مشاجرة أمام منرله، وقام خمسة أشخاص بالتهجم عليه وضربه ضرباً مبرحاً أمام منزله وأمام زوجته. وقامو أيضاً بسبه وسب عرضه. ما هو حكمهم؟

مطالبة مالك عقار بمبالغ غير مستحقة بعد عام من الترك

س: السلام عليكم لدي قضية تنفيذ في محكمة عجمان وتم التعميم على المركبات التي أملكها حيث أنه ترصد في ذمتي لمالك البناية مبلغ 4000 منذ السنة الماضية وقام بعمل تنفيذ ضدي و يقول أنني أشغل العقار إلى شهر مارس 2019. علماً أن لدي براءة ذمة من الماء والكهرباء منذ أغسطس 2018. راجعت المحكمة وقدمت طلب إلى القاضي فقال أن علي سداد نصف المبلغ من الإجمالي 15500 وإيداع جواز السفر ثم سوف ينظر مرة أخرى. الرجاء الافادة ماذا أفعل؟

Defaulting on the payment of a bank loan and legal consequences

Q: Hi, This is M. I have an outstanding loan amount of AED 48,000 from a bank. I took a loan of 65,000 AED almost 1 year and 6 months back from a bank in a Dubai branch. Now, due to job loss, I am not able to pay the outstanding. I want to know what can the consequences be and what will happen if the bank files a case in Abu Dhabi, although I took the loan from their Dubai branch.

Expected consequences of a criminal case for bounced cheques

Q: What happens if a criminal case for bounced cheques for AED 506,000.00 is given, in which AED 485,000.00 is paid back? Only 21,000 is remaining. Is there any jail term or fine? If so, what will the fine be?

Requesting the release of EOSB held against a bank loan

Q: My cousin sister has taken a loan from a bank, and she has paid the instalments without any defaults. Recently, both my sister and her husband lost jobs. My sister got a new job within 1 month from the job loss, but the salary was a little lower than the previous. The final settlement was transferred by the old company to the bank which the full amount was kept on hold by the bank even the new salary is being transferred to the bank. The bank will give the amount only by 2021 when the loan is finished. My sister is ready to pay back as she has a job if she gets some money from the final settlement. She was working in the company for 12 years and her husband has no job and two children are going to school. This amount will be a relief for them. Please let me know if there is any way to discuss with the bank to release a part of the amount so that it will be a relief for the family.

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Failure to pay a personal loan and consequences of the civil case

Q: I am an engineer and I was working in a construction company in Dubai where I am based. I have issued a cheque of AED 150,000 for a personal loan with a bank. Due to the lack of work and the company terminated me for 2 months, I am suffering from my personal loan and the bank filed a case now. 5 months back, they filed a case which I don`t know for a travel ban and I was in jailed 4 and half days. After that, I paid AED 10000 to Dubai court after they released me. I heard that civil cases now are not punishable again by jail sentence like before. Is it true?

Claim for the end of service benefits upon resignation

Q: Hello Madam, I am working in a company in Sharjah. I have resigned from my current job for my family problems. All employees are struggling in my company for the final settlement and even they are not getting any money from the company. I need my full final settlement, then only I can solve my family issues. I have a credit card balance also here. Please advise me how to get my final settlement from the company.

Obligation to provide an air ticket to the employee upon resigning

Q: Is the employee entitled to get the air ticket when resigning from the job? Please help me.

Labor and immigration ban for leaving job without cancellation

Q: Hi Madam, I have left the job in 2007 in Dubai without informing the employer. I want to know whether they have levied an immigration ban on me. Need your help to know the ban (Immigration or Labor). Please let me know your mail ID and fees.

Possibility of requesting cash instead of repatriation ticket

Q: Is there a provision in the UAE Labor law for flight ticket encashment? Or is it based on the company HR policy? Thank you in advance.