Questions & Answers - Legal Advice Middle East

Accumulation of credit card dues despite paying

Q: Sir, I had withdrawn cash of AED 5000 from my credit card a few years back. But due to financial problems, I could not pay in time. This has now accumulated to AED 45000. Though I have been paying roughly around 2000 a month the total amount is not coming down. I spoke to the bank officials in person, but they are not willing to help. By now, I might have repaid at least 10 or fifteen times of what I had taken. Is there a solution? I feel so tired and desperate. Can you help me? Thanks Ajay

Issued cheques must be honored

Q: I issued a post-dated cheque in favour of someone. Now, I would like to change my bank account to some other bank. Are there any legal issues in such cases?

Repercussions of early resignation from a limited contract

Q: Dear Sir, I am working as a receptionist in a four-star hotel from December 2015. It`s been almost more than 34 months since I started, but now I resigned as I got another job. However, my HR department is asking from me AED 5000 for a contract amount which I signed upon joining. I have only 2 months left to complete it, but still, they want me to pay such a big amount. Kindly advise me for the same and whom I should contact so that I can be released from paying this big amount. I am eagerly waiting for your response thank you.

Claiming a loan given to a friend without written agreement

Q: Dear Sir, I have given some money (AED 185,000) to my friend for his business purpose, almost 18 months before. Now, he does not return my money back. I didn`t have any legal agreements or security cheque. I transferred this amount from my account to his account. Can I proceed with a case? Please suggest me, Sir. Thanks Mohammed Rashid

Resignation on probation period and exiting the country

Q: So, I started to work for a hotel company in Dubai and signed the contract on September 9, 2018. I am on the probation period and I would quit because of many reasons. The probation period in the contract is 6 months, at which time either party has the right to terminate the contract without following the notice. My question is, do I need to pay them something? How can I exit the UAE? With the same e-Visa, I entered on? Do they ask for medical at the airport in this case? Thanks all!

UAE rejection of an online GCC resident visa

Q: Salam Mr Ahmed, I am a resident of Oman for 11 years. I applied for online GCC resident visa for my husband and I, unfortunately, we got rejected 3 times since August 2017. However it was easy for us to get the visa online before and we visited Dubai many times, almost every year. My question is: is there any possibility to detect the problem and sort it out?? By the way, we are lecturers working in a college and holding Iraqi passports.

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Authorizing an employee for signing LPOs

Q: Dear Sir, Is it a legal requirement that all purchase orders and agreements should be signed off by the GM/CEO based on the POA provided by the Shareholders and notarized by the Courts? Would it be legally binding where the PO is signed by any other employee of the company who has been authorised through a shareholder resolution (but not notarized by the Court)?

Reimbursement of down payment from the developer

Q: I paid an initial amount of AED 23000 to buy a property from a developer on Sept 6th. and I have not signed the document yet. Can I cancel my off-plan property and get my refund? Please assist.

Cancellation of a partner visa from outside the UAE

Q: Hi, I have a partner visa in Dubai that expires in 4 days and I am outside the UAE. I have no desire to renew and my local partner is asking me for money to cancel even though I have not used the company in the last three years. I paid him 15,000 to renew the company last year and he did not do so. How do I cancel my residency there without him signing?

How to act against a drug case in the UAE

Q: My husband has been accused of being involved in drugs. He has been detained by the police since July 3, 2018. He is accused of using drugs and they did not release high drug test results. Until now, we have no update on his case. Can I bail him out? How can he go out of prison and what should I do? I am his wife and I am 7 months pregnant. We have a business which we opened in Feb 2018. The business is failing and losing a lot of money because the business needs my husband to operate it. I am just desperate as he needs to be freed because his name was just given by someone who is really positive in using drugs. They just pointed out his name that`s why he ended up there in the police station.

Breach of contract by a cleaning services company

Q: Breach of contract - cleaner/nanny. The company providing the services breached the terms of the contract. I need advice on my legal options.

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Execution of labour court judgement to guarantee entitlements

Q: Dear Sir, I have a labour case. My company did not pay my 6 months` salaries and final settlement and it`s already closed. My first judgment has to come on the 9th of August, and still, I am not getting anything. I got a new job offer from another company. Can I cancel my visa if my labour case is pending? Is this possible?

Breach of a pledge agreement and fraud by the developer

Q: In April 2017, AAK entered into a Pledge Agreement (the “PA”) with a Bond Holding Company (BHC) and a Developer (DEV). As per the PA, AAK deposited an amount in the form of Bonds with BHC, pledged to DEV, to act as a deposit for a property. AAK received a notice in Dec. 2017 and Aug. 9, 2018, from DEV stating that his signature on the Sale & Purchase Agreement (“SPA”) is pending. In addition, the concerned notice falsely stated that the Property is registered with DLD in the name of AAK. Despite several written requests for a copy of the DLD registration, DEV has not provided the same with a DLD registration dated on or before the initial date of the notice. On January 17, 2018, AAK then discovered that the amount had been redeemed from his holdings. The PA states it is being entered into based on the Reservation Form and the SPA which had been entered into by DEV as the Seller and AAK as the Purchaser; however AAK did not enter into any SPA. Has the PA contract been breached?

What to expect when you are facing bounced cheques cases

Q: Due to job loss, all my CHKs (cheques) bounced & the real estate wing of a local bank in Abu Dhabi sent all the 3 CHKs to police for filing case. Q.1- The Police processed only 2 CHKs, It was good for me but the question is why the 3rd one was not processed? Is it due to SABQA FASAL? I have a feeling now that (as per question 2 below) since one of my cases is closed, they will start the 3rd one now. Q.2- Yesterday in Sharia Court, the Judge gave the judgment and gave me a fine of AED 3000/= and police case finished. Now 2 questions. a) Will the company file a civil case on me? b) If yes, then for how many months will they have to wait before they do it? Q.3- Now, my lease has also expired in July & the grace period of 1 month also ended by Aug 20, 2018. I received a letter from that company to renew the lease or they will file a case for eviction. What should I do here? Q.4- My other 2 CHKs hearing is due next week in Rahba Court, is it safe to ask the Judge to give a judgment? (I heard now on personal CHKs there is no Jail).

Possibility of entering the GCC with an unpaid loan in the UAE

Q: Good day, Sir, I have one question. My brother in law ran away from his debt with Dubai Islamic Bank amounting to around AED 165,000.00. Now, he is planning to apply for a job in Saudi Arabia. Is there any possible way for us to check if he is banned within the GCC countries? Will he be arrested once he enters the GCC countries? Thanks

Legal representation in a labour case for salary delay

Q: I have a labour case (Delayed salary) ongoing in the Labour Court. I would like to Appoint/Discuss with a lawyer/Attorney, but due to my bad financial condition, can I pay the lawyer fees as a percentage of claim amount after the final judgement? Would any lawyers support me in this way?