Questions & Answers - Legal Advice Middle East

Consequences of defaulting on a bank loan

Q: Hi Sir Hope everything is well. I just want to know information with regards to civil cases related to defaulting on a loan. How is likely a bank to file a civil case with a minimal amount, let`s say AED 50,000? In case the bank has filed a civil case against an individual, normally how long (months or years) would it take to reach the final judgement? Is a travel ban attached automatically? Will your visa status be affected? Another question, what is the right of a debtor to abusive debt collectors? Can a debtor sue a collector sharing information about your debts to third parties like to workplace, friends and family members? Thank you

هل الملاحقة القانونية في الإمارات تمنع من دخول السعودية

س: إذا كنت مطلوب لدى دولة الإمارات بسبب اقتراض مبلغ مالي من أحد البنوك هناك، فهل أستطيع الدخول إلى السعودية لأداء مناسك الحج؟

The right to sue a father for abusive behaviour against the mother

Q: My mother has been suffering from mental abuse by my father from as long as I can remember. Even now, she continues to bear his behaviour for the sake of our wellbeing. There have also been instances of physical violence in the past. Whenever things go against my father`s wish or will, things get ugly verbally. He doesn`t resort to physical violence anymore, probably because I`m a 26-year-old male adult now and he knows I will defend her as I have clearly indicated it to him. I would like to ask two things: 1) Is mental abuse considered as abuse within UAE law? 2) If yes, can I seek any legal action against my father on behalf of my mother? Because she won`t speak up as it may jeopardise our wellbeing.

Expected judgement in a criminal case for possession of weed

Q: One of my friends was caught at the airport carrying 15 grams of weed while he was travelling for a vacation to the UAE. He was released on the same day with a bail of AED 10000. What will be the judgement most likely given for this? He had brought it without knowledge as he forgot to check his bag before packing.

Features of a real offer letter and avoiding fake offers

Q: What are the features I should notice in the offer letter? And how do I find the authentication of a company?

Legal action against a travel agency for breaching agreement

Q: Hi. Myself is S. I`ve paid AED 16,000.00 to a holiday company named "-----" in Dubai for a vacation package of 18 nights stay in 4-star hotels along with 2+1 Europe return tickets. I`ve applied for my vacation starting from 1 June to 12 June 2019, but they have offered me 2-star hotels and asked me to confirm the booking option. I refused to confirm it since the contract is to provide 4-star hotels along with flight tickets. They replied to me that we already provided the hotel option available with us and they will check with their supplier for other options and they will provide if available with them. I replied to them that they`re obligated to provide me 4-star hotels so the statement is not acceptable. Unfortunately, as of now, they didn`t give me any reply, bookings, flight tickets...etc. I felt that they are trying to delay the hotel options and tickets in order for me to accept their proposal or cancel my vacation. Please advise on this matter.

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Non-competition clause and its application in the UAE

Q: Dear Sir, I am an Indian residence in Dubai for the last 24 years. I worked in a company with an unlimited contract for the last 14 years (from 2004) and left 15th March 2018. My first unlimited labour contract was made in 2004. After that, it has been updated in 26-9-2017. In the meantime, it is between my employer and me whenever they revise my salary they make a contract of 5 to 6 pages with the company rules and do`s & don`ts. In that, they mentioned that as below: "The employee shall not, without the prior written consent of the employer, at any time during the period of 24 Months from the date on which he ceases to be employed by the employer take up part or full-time employment in any business where the Employer operates, or have shown good intention of operating, which in any way could be construed as being of a competitive nature to that of the Employer` business."

Commercial recovery of outstanding dues from a company

Q: I have a small consulting firm. I did some work for a UAE based firm for which the total invoice value is around AED 33k. Invoices are pending for 6 months or more and the other party is not responding well. However, they continue their activities and pay other contractors. Can something be done to recover my due payment asap? I have a signed agreement and work correspondence in writing.

Possibility of a travel ban for pending payments of credit card

Q: Sir, I have 2 credit cards. The payment is pending for the last 4 months. One card limit is 3000 and the other card limit is 8000. Can the bank put a travel ban against me?

Consequences of rejecting job offer and accepting another offer

Q: I had a job offer from company A in the UAE & I had accepted it & they had sent me a visit visa issued by some travel agency. I haven`t yet entered the UAE & still in India. Now, I have a 2nd offer from company B from a free zone in the UAE & I want to accept this offer. What will be consequences if I accept the 2nd job offer of Company B? Can company A can take any action like a ban on entry or employment? How can the employer B get a visa for me? Kindly guide me what steps are needed to be taken care of. Your urgent reply is highly appreciated. Thank you

Calculation of unused leave salary upon termination

Q: An employee has worked for 1.5 years. He had taken only 30 days of annual leave in these years. He has been terminated. How to calculate his unused leave salary?

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الرجوع عن استئجار شقة من بنك واسترداد الشيكات بسبب تسريب

س: استأجرت شقة من البنك ولكن الشقة تعاني من تسريب في سقف الحمام لم يستطيعوا معالجته مما جعلني اضطر للانتقال إلى سكن آخر. البنك يحتفظ بالشيكات التي وقعتها لهم ويرفض تسليمي إياها بسبب تسليمي للشقة قبل انتهاء مدة العقد. الآن استحقت الدفعة الجديدة للبيت وارتجع الشيك. فأنا لا أريد الدفع لهم بسبب اضطراري لترك الشقة. ماذا أفعل؟

Inspection of police records before returning to the UAE

Q: Hello, I am British and lived in Dubai 2015-2017. My fiancé was unable to purchase a SIM card, so I bought one on his behalf which is linked to my passport. We have since ended the relationship and things turned bad between us. He is not a good person and has many police cases. I would like to return to Dubai but I am worried these cases could be linked to me because of his SIM card. I did travel to and from the UK whilst he had police cases and had no problem but it has been two years and I am very worried about getting arrested for his crimes. I am happy to pay for a check on my passport if someone could help. Many Thanks H.

Labour case court fees and exemption from payment

Q: Our labour case was filed in Fujairah court. The court asked us to pay almost AED 5000 for registering the case and electronic services. Is it mandatory to pay the fees?

The procedure of status check due to unpaid loans

Q: Hello, I need to know if my husband has any open loans in the UAE, open police cases or travel bans. How to know this? Thanks

Bank settlement of credit card to avoid legal action

Q: I had a credit card balance of AED 71000 to a bank in the UAE. I asked and was given a settlement offer of AED 60000 (credit limit of card) for 12 months payment period which I started paying last Nov. 2018. On February 2019, our salary came late and I paid the bank on the 26 of February instead of 18 Feb due date. I was in communication with one of collection officer of the bank during that delay period. I made the payment on time in March and April of 2019. I was called by another collection officer on 5 May 2019 asking me for payment due on my card because according to her, my settlement offer had been cancelled. I had asked the bank for reconsideration because I had only a few months left to complete the payment. I`m waiting for response up to now. What are my options if the bank rejected my request?