Questions & Answers - Legal Advice Middle East

How to remove absconding and get fine waiver in Abu Dhabi with job offer?

Q: Dear Sir/Madam, I absconded while on a visit visa in Abu Dhabi due to overstaying. How can I remove this from immigration? How can I obtain a waiver on the imposed fine? I have received an offer letter from a company.

How to report the theft of debit card through an unknown online purchase?

Q: Hi Late last year, I was frauded and lost money from my bank account online by an unknown person who somehow made an online purchase using my debit. I reported it to the bank immediately when I noticed the fraudulent activity and at the same time managed to block and replace the card. Following with the bank, they brushed off the case and informed me to report it to the police which I did but to no help as I was told the only way was to register the case online. Until now, nothing came out of it. Is there anyone here who can really help on the way forward? I feel I did all I was required to do but no help. I have a family and kids and this was so much money to lose for a regular expatriate like me. Please, can someone advise?

Is it possible to request a restraining order for my husband when I give birth at the hospital?

Q: Hi Is it possible to request a restraining order for my husband when I give birth at the hospital? He is giving me so much emotional stress and I don’t want him to be there when I give birth. Is this allowed?

Should I fight a bank foreclosure in Dubai when the property covers the loan value?

Q: Dear Sir/Madam, I have a loan secured against my property and the bank wants to take the property, which is almost the same value as the loan. However, the bank has initiated legal proceedings in Dubai Courts to obtain a judgment. Should I contest the case if the value of the property can cover the bank loan? Do you know how much the court fees typically are?

إمكانية طلب سماع شهادة مدير حسابات الشركة واحتمالية رفضه

س: السلام عليكم، هل لي صلاحية أن أطلب من القاضي سماع شهادة مدير حسابات الشركة من خلال إعلانه عن طريق المحكمة؟ وإذا امتنع عن الشهادة، فماذا أفعل؟

Can the car rental take compensation from me if I have a car accident?

Q: Hello Everyone, I took a car from a car rental in 2021 and someone hit my car when I was at the red signal light. I raised the police complaint and got the green report saying the damage to the car should be borne by the insurance. I sent the same response to the car rental but they still keep asking me to pay and they are charging me AED 2500. I asked them for the reason but no response from them. After 2 years now in 2023, they hired an agent who is sending me emails and asking me to pay the money. When I referred him to the previous conversation he is saying as per the car rental`s terms and conditions, I have to pay the amount. Appreciate your advice.

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Avoiding jail sentence in Europe by relocating to the UAE

Q: Dear Lawyers, I am writing to seek your advice regarding a legal matter that concerns me. I am currently facing a jail sentence in Europe and I am exploring the possibility of relocating to your country in order to avoid serving my sentence. I would like to know if I would be able to stay freely in your country if I were to do so. I understand that the laws and regulations governing the admission of individuals with a criminal record into other countries can vary widely and that there may be limitations on the ability of individuals with a criminal history to obtain visas or residency permits. Therefore, I would be grateful if you could advise me on the legal options available to me, and the likelihood of success of each option. Thank you in advance for your time and attention to this matter! Sincerely, French Criminal

مستأجر لا يدفع الإيجار أو فاتورة الكهرباء

س: السلام عليكم، ماذا أفعل مع مستأجر لم يدفع الإيجار لمدة ستة أشهر ولم يدفع فاتورة الكهرباء مما أدى إلى انقطاع الكهرباء عن الشقة المؤجَّرة؟

How to settle a bank loan after job loss?

Q: Hi, I have just got a message from the Dubai court for a travel ban and a case number. I have an issue with my bank for an unpaid loan and credit card although I tried many times to settle. What do I need to do next?

Rent increase for a sitting tenant: RERA guidelines or free market rate?

Q: Dear Sir/Madam, I recently purchased a property with a sitting tenant who has a tenancy contract expiring on 20/08/2023. The current rent is 35,000 AED per annum. If I wish to increase the rent, can I give the tenant a 90-day notice and increase the rent to (a) the free market rate, (b) the RERA index range, or (c) just the RERA prescribed percentage (5%, 10%, 15%, or 20%), based on the difference between the current rent and RERA index?

تنفيذ شيك ضد شركة ذات مسؤولية محدودة

س: السلام عليكم، ما أفضل الإجراءات القانونية للتنفيذ (طلب شيك) على شركة ذات مسؤولية محدودة يملكها أكثر من شخص؟

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How to a force a tourism agency to refund an amount for a scam package?

Q: Hi. My husband and I subscribed to a tourism package with a registered company in the UAE last Sunday. We signed a contract and paid an amount of AED 13999 for the package. We later decided that we want to cancel this subscription and get a refund. The exact clause that describes the cancellation policy is: “Subscription cancellation request received 7 days enrollment/payment date may be eligible to receive a refund after deducting 30% administration charges and cost of the utilized services if any.” It’s only been 3 days since we purchased it and we haven’t used any of their services yet. Their subscription fee is 13999 and we were not informed of a separate administration charge. They are not willing to refund. Isn’t it illegal to deny that right to a customer? Please help us sort this out. We’ve recently moved to the country and have been scammed of all our savings and money through a scam call as well. Thank you in advance for any guidance you can provide.

Bank files a case despite seeking help during rent downturn - Need advice

Q: Dear Sir/Madam, I took a secure loan (AED 400k approx) against my property about 6-7 years ago. I had been paying all installments till the sudden downturn in rents in 2019 when I approached the bank for a solution. Now in 2023, my bank has filed a case in Dubai courts against me without any substantial discussions or negotiations. I have been asked to meet on 21st Feb on a Zoom call since I am overseas. Can you please offer some advice on what I should do?

Buying property in Dubai: Payment options for non-UAE residents

Q: Dear Sir/Madam, I am from Italy and am currently in the process of buying a property in Dubai. To arrange payment, I need to pay the seller via the manager`s cheque. However, I am experiencing difficulties opening a local bank account as I am not a UAE resident. The money for the property in Dubai comes from the sale of an apartment in Europe, but I am unable to open a bank account because I do not have a salary certificate. Therefore, I have two options: - Transfer the money to my girlfriend`s bank account in Dubai and use her account to produce the manager`s cheque in the name of the seller. The property will be 100% in my name. - Use a Dubai law firm to arrange payment. What is your recommendation?

Deported from the UAE due to expired visa: Can I return after 6 months?

Q: Hello sir/madam, My question is, can I return to the UAE after being deported? The reason for my deportation was that my visit visa had expired, and I was caught by CID and subsequently deported after being in jail. I am currently in India, and I am unsure if I can go back to the UAE. Some people have said that I can return after six months, but I am not certain. Could you please help me with this issue?

An employer is pressuring to renew the visa. What to do?

Q: Dear Sir/Madam, My visa is set to expire on 24-Feb-2023 and I have no intention of renewing my limited contract. However, my employer is pressuring me to renew and has even threatened legal action. They requested that I undergo a medical examination three months prior to the expiration of my current visa, is this a renewal? When and how should I submit my resignation to my employer? Is there any perfect way to get out of this situation? Does the court require any proof that is not rejectable?