Questions & Answers - Legal Advice Middle East

The procedure of depositing a guarantor's passport at the court

Q: Dear Sir, What is the procedure to keep a guarantor passport and how much time does it take? I have to go for a week. My case is with Dubai Courts and I have no travel ban.

Legal assistance to exit a shareholder agreement

Q: Hello I am looking for someone to review a shareholder agreement and advise on how to exit. The shareholder agreement is done in the UAE. Please advise if this is something you do and your fees. Many thanks Maria

Breach of trust and recovering the amount of a bounced cheque

Q: I had given money to an individual who was working in the financial markets in Dubai for regular profit. The amount is around AED 250,000. I went to the police when the first cheque of 150K bounced. The case was registered but nothing is happening and it has been 3 months. What are my options?

Criminal case in lieu of default with loan installments

Q: Good Day! I am seeking help regarding a police case against me. I have been in custody of Khalifa City police station for 2 days due to the police case against non-payment filed by National Bank of Abu Dhabi (NBAD). I took a car loan from NBAD in January 2016 and was paying monthly the total amount due. However, during my employment with the previous employer last year I have been in a financial crisis due to eight months without salary, and till now I have not received yet my final settlements from them because the case is still in Labor Department. I had 2 months` non-payment, however, after getting a new job I am consistently paying the monthly payment leaving the 2 months unpaid, and promised NBAD to pay them once I get my final settlements. Further, they did not inform me of the legal case, and the car is still under their name. How come they file a case against me? Moreover, the police case is dated 22nd of July 2018 and my due date of payment is 30th of July. Please, I am looking forward to your kind advice.

Payment of allowances mentioned in the offer letter if provided

Q: In my offer letter, they mentioned a basic salary of AED 1200, accommodation AED 800 and transportation AED 200, with a total of AED 2200. But they did not mention free accommodation and transportation. They`ve told me they will provide free transportation and accommodation. What does it mean? Will they give me total 2200 or cut the amount of AED 1000?

The girl's right of support against family violence

Q: I`m a 23-year-old girl. I feel unsafe in my house with my family because they want me to get me married to men they chose for me. They threaten me! They use violence! They force me! They are shouting to be as they want! They threaten me to prevent me from work! I`m Iraqi, laws and organizations can`t help me, so I want to leave the country as soon as possible. What should I do? By the way, they took my ID, my passport and my college certification, but I think I can get them. I don`t have a lot of money, but I`m a hard worker and a hard learner. I can learn fast, and I`m quite a smart and strong person. I need to run away from this hell at first. Sorry if I write something wrong. I`m writing while my hand is trembling

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Proposed civil case by the bank and possible settlement

Q: Hi Mr Hari I have had a cheque bounce with one of the banks in Dubai which was an inbuilt cheque in credit card application. They had submitted a police case against me in April 2018. I was taken at Al Ragga police station. asked to pay AED 2000 fine. I was presented in front of the public prosecutor. I accepted that I am unable to pay the credit card amount and the bank did not tell me that they are submitting the cheque. I paid the fine on-spot and the passport was given to me. I also got my Police Clearance Certificate. Now to my surprise, after all this pain and harassment, the credit card fellow and so-called collecting agent are threatening to do a civil case. They are saying we will cancel all the extra interest charged on the card amount. Just clear the basic card value. I told them I was paying minimum payments earlier as well. But the bank did such a wrong thing by declaring me absconding. I have given 4 good years to this country. Please advise. If I do not take their calls and threats, what will be the worst case scenario?

Recovery of investments with companies after defaulting on obligations

Q: I have been given some investments in a few companies with a contract on a fixed agreed profit. Now, they default on the agreed profit and even delayed paying back of capital. What procedure do we have to follow to recover our investments?

ضمان سداد كامل المبلغ في بيع بيت بالتقسيط

س: السلام عليكم عندي بيت وسوف أبيعه إن شاء الله بمبلغ 35 ألف دينار أردني والشاري سوف يشتري بيتي بالأقساط كالتالي: أن يدفع 25 ألف نقداً والباقي ألف كل شهر وأن يتم نقل الملكية إليه بعد الدفعة الأولى، وهذا لأسباب خاصة بي أنا لأن ملكيتي للبيت عن طريق عقد وكالة اقترب من نهايته كوني غير أردني. لذلك سوف أضطر لتسجيل البيت باسمه عند دفع الدفعه الأولى. سؤالي كيف أضمن أن الشاري سوف يسدد لي باقي المبلغ وما هو الحل القانوني حتى أضمن ذلك؟ شيكات وكمبيالات أم ماذا؟ أرجو مساعدتي والرد سريعاً. شكراً

Fraudulent attempts for selling fake university degrees

Q: Hi, I obtained a degree from a US-based university based on experience 10 years ago, however, I noticed after receiving it that it was fake, so I didn`t process any attestation or submission to any of the authorities in the UAE. I received a call from the US embassy 3 weeks ago inquiring about it and that the said university has legal cases already, so they put me in contact with the so-called United States higher learning education. They mentioned that they will need to get NOC`s to remove my name from the US system that I have a degree and they asked me to wire transfer of $2500. Also, I received a call from the Ministry of Foreign Affairs and it was an Arabic lady stating that I need to finish this issue with them otherwise it will be sent to the UAE Justice Department. Hope to receive advice.

The procedure for writing the will of expatriates in the UAE

Q: I am a Pakistani citizen living in the UAE. I want a legal will and testament written and attested by the UAE bodies so God forbids if I die, I want my assets to go into the right hands. How is it possible in the UAE for an expatriate? Kindly advise.

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Employee rights upon termination of a limited employment contract

Q: Labor Rights Query - Termination without a valid reason Dear Sir/Mam, I was recently terminated by my company where I had worked for 2 years and 8 months under renewed limited contract (2-year term). There was no sort of prior warning letter or verbal communication regarding the termination. I have my labour contract due until November 2019. The company handed me a renewal letter of our internal contract back on July 25th 2017, for a term period of 1 year. Also, the termination letter which was handed over to me on June 21st 2018 had stated “Non-Renewal of Contract”. The notice period was until 24th July 2018. Right now I am waiting for my visa cancellation paper & full final settlement papers to come. I wanted to know If I am eligible for three months compensation and other benefits under arbitrary termination provisions (if this case comes under that). Thanks & Regards Sujit

Seeking divorce from husband for emotional abuse

Q: What are my rights in case of emotional abuse and being held in the UAE against my will and not allowing me to go back to my home country, so that I am unable to file for divorce (khula`)? How can I prove emotional abuse? I have been asking for a divorce for almost a year and a half now, but my husband is not giving me because my parents are not supporting me, what should I do???

Forcing the employer to pay delayed salaries upon a court order

Q: Good day, I am Thiru. I had a case in the court against my employer for not paying my salary for six months. Note: the company has been closed (Commodore Contracting Company L.L.C) The court has issued a judgment in my favour, but my employer is not paying my money. Now, the case is with the enforcement division. Please assist me what should I do now? Is there any other legal way to take action against him?

Requesting a grace period before eviction for bounced cheque

Q: Dear Sir, We have a tenancy contract from January this year for a villa in Springs. The rent was to be paid in 2 cheques, out of which we have paid one and the 2nd cheque was dishonoured due to financial trouble. My husband is currently in custody for some bank related case and my son is on his own at the house. The landlord sent us 30 days` notice through notary that expired yesterday. Can the landlord evict us from the property because we are not in a situation to pay till my husband is out of the legal trouble? We have applied for his bail but the landlord is not ready to cooperate. What is the process for them to get the house evicted because our intention is to pay them but we need some time? Can you guide us, please? The problem is every other day the landlord comes and harasses my son by knocking on the door and calling every day.

Suing the developer for breaching the terms of SPA

Q: In June 2008, I bought an office in DSO, for AED 847.339. The completion date was December 2010. For 8 years, the developer dragged the construction for unknown reasons. I, therefore, did try through RERA and the Notary Public, to get my money back for breach of contract but the developer refused to answer my request. Today, 8 years later, the office is ready for the final handover. In between, I lost 8 years of rent (AED 360.000) and the opportunity to sell that office when the market was still high. Last but not the least, the developer just informed me verbally that the office that was freehold is now leasehold despite what is stipulated in the signed SPA. Today, I would like to know what are my legal options to get my money back or at least get some compensation.