Questions & Answers - Legal Advice Middle East

The settlement of a bounced cheque case and removing a travel ban

Q: Dear sir/madam, I have 3 checks amounting to 13980.00 AED bounced by my real estate but under a single case reference number. There is a cheque bounce case since 2020 before the new law. The discussions with the third party were unsuccessful. My concern is: 1. How much should I pay to remove my travel ban? 2. Will they collect my passport when I am paying? 3. Should I go to the police station in-person or someone can do it for me? 4. Will there be an arrest? The cheque was from my SAIF zone company account and when it bounced, I closed the account. So the check bounce was on the grounds of a closed account.

How long can the tenant stay in the property if the landlord sold it?

Q: Dear lawyer, I am a tenant in Dubai, seeking advice about the following situation: The current 1-year lease terminates on 22/09/2022 (in 78 days). As the tenant, I want to renew the lease and the landlord knows it. The landlord would like to sell the flat, however, she is still uncertain as no buyer has been found. No official eviction notice has been ever sent, only random WhatsApp messages that invite me to wait so that more potential buyers can come to see the flat. For obvious reasons, I am not willing to wait until the last minute to know if the lease can be renewed - and the real estate agent (appointed by the landlord) is pressing to bring more viewers. Considering the points above: 1- Can I "force" the landlord to extend the lease now? 2- If the landlord sells the propriety prior to the end date, will I be forced to move out on the end date (without any notice)? Thank you in advance

How to know the whereabouts of my husband arrested in a case of hitting a pedestrian?

Q: I`m from India. My husband is working in the UAE for 2 months now. He accidentally hit someone and now the court judgment is to clear the insurance. My husband is in prison. As a wife, I am so much worried about him. No one tells me anything about this issue and I don`t know anything about the UAE rules. My husband is working as a driver. Does the company have to take action in this case? What to do next and how many days do we have to wait for the insurance company to pay the compensation amount? If the amount is paid, will my husband be released from jail?

Can we file an absconding case against an employee who left on an emergency leave?

Q: Dear Sir, An employee took emergency leave and left for his country. Now he is not willing to come back. Can any legal action such as absconding be taken against him?

A travel ban and an arrest warrant are issued due to a rent case. What to do?

Q: Hi, I would like to have a suggestion from one of your lawyers. There is an enforcement case against me in RDC Dubai for my rent of AED 26268. The court issued a travel ban as well as an arrest warrant for me. I want to pay but due to my financial situation as all my business was destroyed in Corona and I am looking for a job, I want to pay in maximum installments. What should I do? Thank You!

Can I terminate the SPA and claim the 10% paid advance and 4% DLD?

Q: Dear Lawyers, I bought an off-plan unit in Dubai and paid 10% advance and 4% DLD. The developer has placed a 10% advance in the escrow account and 4% DLD under his own account to pay for DLD. All money has been debited from my account and SPA signed. I`d like to discontinue the project and terminate the SPA. The developer has a 10% retention clause for any amount deposited with them which I understand but my question is can I get the DLD fee back? I haven`t received any title deed or Oqood registration. How can I communicate to them officially to stop DLD registration if not done? Whenever I ask they say it`s under process, I also never received any DLD reference number or email confirmation. Would appreciate your clarification. Thanks

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How to recover money loaned to a friend with transfer proof and guarantee cheque?

Q: I had given my friend money multiple times over the last year with a cheque I have as a guarantee. He has partially paid back half of it but states he cannot pay the balance which is almost AED 300k. The cheque expired on June 30, 2022. However, all the transfer of money was done through a bank account so I have bank statements as proof. What legal choice do I have to make him pay the money?

Can I go for a short leave outside the UAE without informing my company?

Q: Sir, can I go for 1 or 2 days outside the UAE without informing my company?

How to settle debts with the bank and lift the travel ban?

Q: My travel date is today but unfortunately, I was not able to travel due to my bank problems. I have a travel ban, which department do I need to go to? Do I need to go to the police? I don`t have a police case.

لمَن حضانة الأبناء إذا كان الأب لا يعمل ويضربهم؟

س: السلام عليكم، إذا كان الزوج لا يعمل وهو والأبناء على كفالة الزوجة ويضرب الأبناء ضربًا مبرحًا للتأديب، فلمَن تكون حضانة الأبناء بعد الطلاق إذا كانت أعمارهم أكثر من 12 سنة؟

A settlement includes accumulated interests and fines by a bank. What to do?

Q: Dear sir/madam, I got a personal loan of 230,000, and paid 35 installments out of 48 installments about (209,000 DHS) but failed to pay further due to the loss of my job. The bank deposited the guarantee check and filed a criminal case. The penalty was paid and the criminal case was released. Now the bank is asking for a settlement of 105,000 which includes accumulated interests and fines otherwise threatens to file a civil case. What is the amount I am liable to pay by law if they file a civil case? What is the best solution?

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I resigned to join another company. Can the employer deduct 12 months from my EOSB?

Q: My previous employer sent me a legal notice asking me to lay 12 months` salary = AED 120,000 after resigning to join another company. They threatened me with a non-competition clause that I signed for them before I joined. You can find a copy in the below link: [----] Kindly help, I need advice on what I can do.

What can we do if the courier company failed to deliver all the goods we ordered?

Q: Our Issue is with the courier company. We have an account with that courier company. We had recently booked the courier to pick goods from France and deliver them to our shop in Dubai. So it was total of 50 carton (200pcs) which they had to pick and deliver to us. They picked 50 cartons but delivered only 47 cartons. And now they don`t know where those cartons are and because of that, we are facing issues with our customer. When we call the courier they are not replying and when we email them they are telling us that they are investigating. But still there has been no result of the investigation. So please advise what is the procedure to move with this.

Can I come back to the UAE if I was in jail for one month and then deported?

Q: Hello Good day. I’m from Nigeria. I used to live and work with a company in the UAE but it happens that CID came to our building to pack people that are selling alcohol, and also innocent persons, and gave us one-month jail and deportation. Please, in this case, can I still return to the UAE or not? This happened about one year and five months ago. I have been in Nigeria since then. Can I still go back to the UAE or not?

How can I remove the labor ban placed by the employer and how much does it cost?

Q: Hello. I was banned from the UAE 2 months ago by my previous company which opened a file against me. I need to remove that ban as soon as possible and I would like to know the fees and when it could be done. Thanks

مقاضاة شركة يمنية تخلفت عن التزاماتها تجاه شركة إماراتية

س: السلام عليكم، لدينا مذكرة تفاهم موقعة بين شركتنا في الإمارات (طرف منتج) وشركة في اليمن (طرف ممول) لتنفيذ عمل تجاري وكافة البنود المذكورة تنفيذية وتترتب عليها غرامات في حال عدم التزام أحد الأطراف بمسؤولياته. الشركة التي في اليمن لم تلتزم عمدًا بالتمويل وتماطل لأشهر عديدة رغم توفر السيولة المادية الكبيرة عندهم حتى أثر ذلك سلبًا على الشركة في الإمارات وترتبت عليها غرامات بسبب عدم تجديد الرخصة، وستلغي الإقامات عليها لعدم توفر السيولة المادية. السؤال: كيف لنا أن نقاضي الشركة اليمنية في أسرع وقت ونجبرها على دفع التعويض لنا سواء استمرت الشراكة أم انسحبت منها؟ علمًا بأننا أبلغناهم رسميًا بدفع غرامة معينة بسبب تقصيرهم مما ألحق بنا أضرارًا كثيرة مادية ومعنوية. وهل لنا أن نلجأ للملحق التجاري في القنصلية اليمنية في دبي؟ أرجو المساعدة! مع الشكر،