Questions & Answers - Legal Advice Middle East

الإجراء القانوني اللازم بحق مطور عقاري بعد إغلاق مكاتبه

س: السلام عليكم، عندي مشكلة مع شون العقارية بحيث أني أملك عقد الشقة ورسالة إعادة بيع، لكن صاحب المشروع انسحب منه وأعطي لمطور ثانٍ. راجعت المطور الجديد وأبلغني أن عقدي غير موجود عندهم والموجود عقد لشخص ثانٍ، وطلبوا مني لكي يعتمدوا العقد الخاص بي أوراق فسخ العقد القديم علماً أن شون العقارية مكاتبها مغلقة. هل من الممكن أن تفيدونا بشيء؟

Recovery of dues from the debtor after paying fine

Q: Hi, I filed a cheque bouncing case in Rashidiya police station. Police caught the guy. Now, he paid his fine. How will I recover my money of AED 135000 from that guy? What is the procedure through court? If he agrees to the mutual settlement, how it will do legally? Thanks In advance

How to check if I have a police case?

Q: Sir, I would like to ask how will I be able to check for the details if I have a police case? Are they going to put me in jail immediately or there will be procedures? How much do you charge for any legal services?

Understanding liabilities before signing a debt settlement agreement

Q: Salam Naser, I was in dispute with a client over non-payments and now it`s the time we agreed to sign a settlement agreement. Her lawyer has sent the agreement letter which has the following two terms in it and which are not clear to me. It will be nice of you if you can guide me accordingly. "1. Indemnity The Parties agree that it shall indemnify and keep the other party indemnified from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the party arising out of the other party carrying out its obligations under this Settlement Agreement or breach or negligent performance or non-performance thereof." Confusion, who will be the authority to define these losses...etc? It`s a very technical term. "2. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without giving effect to any choice of law or conflict of law provisions. The Parties consent to the non-exclusive jurisdiction of the DIFC Courts." Confusion, They`re mentioning DIFC law specifically, I don`t know the reason. Should it be the UAE courts laws in general? Your help and suggestion will be highly appreciated.

هل يمنع التعثر بسداد قرض في السعودية السفر إلى كافة دول مجلس التعاون؟

س: السلام عليكم أخذ شخص قرض منذ 2015 من السعودية و نزل لبلده ولم يسدد المتبقى من القرض. هل يتم توقيفه فى دول الخليج أم الموضوع قاصر على السعودية؟

Settlement of bank loan and bounced cheque cases

Q: I have some cases pending against me for a bank loan and a bounced cheque in 2010, 2011 & 2012 respectively. I have the case numbers but wanted to clarify the costs and time frames associated with getting these paid and my name cleared from the judicial and CID system?

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Is it possible to check online cases filed against you

Q: How can I check online if there is any case filed against me? Mainly with the help of my passport number?

Arbitrary dismissal for requesting the payment of delayed salaries

Q: Dear Ma`am Good day to you, I am working in a company where they didn`t pay me for 5 months and I have asked them to do so, in order to leave for marriage on August 26, 2018 (Please note my visa expires on 18/09/2018). But the response from them was swift and fast and they gave me a letter of termination with notice period 30 days. I have refused to sign the letter. The company is not in a position to settle my outstanding salary gratuity and leave salary at the moment, as I have been informed so verbally. So shall I file a case and tell the labour office to hold it till I come back from my marriage, one day before my visa expires? is that possible? Thanks in advance for your advice. Dima

مسؤولية توقيع شيك ضمان عند الحصول على قرض

س: السلام عليكم ورحمة الله وبركاته أريد أن آخذ قرض بنكي والبنك مشترط تحويل راتبي عليهم. ويريد البنك توقيعي علي شيك ضمان. هل هناك أي مسؤولية على شيك الضمان وهل يجب توقيعه؟ وشكراً

Bank cheque bounce case for credit cards and loan

Q: Dear Sir, I have credit cards and loan from different banks, almost 200k. Suddenly, my company is not able to pay the salaries for 3 months and my minimum payments are getting late and receiving calls from banks. All banks have my cheques. What will happen now if the banks present my cheques?

Detention for freezing bank account and failing to pay workers

Q: A Swedish friend went to the UAE for a job contract in January 2018. He was paid by the company and the payment went into an NY bank. The NY bank insists that the client shows up to release his funds. He is being held in Dubai detention/jail because he can not pay the workers. What can be done to help my friend? He has under USD 1000 hidden on him in custody. His NY account has over 800K. I believe he needs legal help to pierce the contract with the bank. He has been detained on 3 or 4 occasions since February and continues to be detained and unable to get to NY to straighten on this dire situation. I appreciate any time you can give to this problem. Respectfully, Wendy Chapman

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Avoiding deportation from the UAE for using marijuana

Q: My brother is caught along with his friends by the CID for using marijuana, and the urine test came out positive. He is a college student in the UAE, and our dad passed away in UAE and buried here himself. Is there anyway I can release him without deportation?

Real estate brokerage fees and obligation to pay

Q: Hello, Recently, I am in contact with a real estate broker for a 2 BHK apartment. He showed me an apartment and he said there is an agency fee of 5% and a broker fee of 2500. I did not agree with it. He did ask for my documents which I have given but then I thought of reaching the landlord. The apartment display the real estate management company number of this building. I called them and they said they didn`t appoint any broker nor did they retain. So, I booked the flat directly with the property management since they insisted to book through. Now, the broker is claiming that he needs his fee, if not, he will follow a legal approach. It`s a small amount but the whole process to secure this apartment is done by myself, why should I pay? Is there any rule as show fee?

Claiming the bonds stake value and unpaid interest from a company

Q: Hello! My name is Denis. Can you help with debt issue? There is a company in India. I have bonds $200K stake and $59K unpaid interest. In 2016 may, the company had defaulted on coupon payment. I was reaching the Trustee for this issue, and they told me that I need to have a minimum of 25% of this issue to make any legal action. So, they suggested me to join the group of bondholders, and now, I joined the group to negotiate the debt restructuring. The company hired an advisor. In February 2018, the company and group of bondholders signed RSA agreement and approved restructuring plan. But in April 2018, this RSA was terminated because the company fouled this agreement and did not transfer money (approx. $20 mill) to escrow account till 20 April. Today is total silence. In prospectus the company have a branch in the UAE, is it may be possible to somehow collect the debt? Thank you for your help.

Change of the local partner in a limited liability company

Q: Hi. I have technical and cleaning services company and I had a local sponsor and had renewed my licence for 3 continuous years. I have a new partner and he wants to local sponsorthe local sponsor because from the time we took from them they kept on taking money but not taking any approvals we had to wait so long to do every procedure. We decided to change the sponsor, and at first, he agreed, but now he doesn’t want to let go of the company. I’m totally stuck with such hard work and I’m clueless how to change him. I need some advice what would be the best solution for us.

Liability to pay the hospital what insurance does not cover

Q: I would appreciate your legal advice on the below scenario: I gave birth in a hospital on May 16. At the time of discharge, they did not ask us to pay anything and said it was covered by insurance. After more than a month, they called us saying they made a mistake and only half of the bill was covered and asking us to pay the balance. Are we still bound/liable to pay after discharge?