Questions & Answers - Legal Advice Middle East

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

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.

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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?

Visa rejection and the legal way of getting one

Q: I am a 24-year-old lady. My visa got rejected 3 times. Is there is a possibility to get a visa????

Filing complaint before RERA for property deceit by the broker

Q: 5 years back, I paid a real estate broker an amount of AED 797,420 in cash towards booking amount for 3 units in an under construction building in Dubai Marina. He has cheated me by giving me bogus stamped registration forms from the developer and has never paid the money to them. The developer has no record of me in their system. I have tried to speak numerous times with the broker but he insists that the documents are all true and the money has been paid to the escrow account, but the developer has verbally confirmed otherwise. Since the forms are all bogus, the developer is refusing to communicate with me officially. I need legal assistance to get information from the developer as they are the only ones who can prove that these forms are bogus. Do let me know future course of action and fees applicable as well. Best Regards,

Negotiations on alimony and child support after divorce

Q: Hi, We have been granted a divorce notice from Dubai courts on Jan 2018, signed by me and ex-wife in front of the judge while she being pregnant, we both are living separately since Oct. 2017. She has delivered successfully recently and I have supported her through these times financially as per her wish of doctors and healthcare. My question is, she has been demanding a huge amount for monthly support for a settlement, and adding, she requires a car and an extra amount for healthcare and education. How can I deal with this situation?

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Will a UAE absconding employee be banned in other countries?

Q: Hi. My wife left the UAE without informing her company, so it means she is absconding. She doesn`t have any debts with the banks or whatsoever. Now, the problem is that my wife is scheduled to go to another country and her company is threatening her that they will file a complaint and block her from going to another country. Is it possible to block her plans even though she’s out of the UAE already? Thank you.

Travel status of an employee after leaving work without cancellation

Q: Hi I have been working with Emirates Airlines for almost 9 years, and due to some emergency reason, I left Dubai going back home. After that, I sent my resignation by email. My employer said that they need my passport to cancel my residence visa otherwise I will be blacklisted by the UAE immigration. This case has been almost seven months ago. If I decided to come back to Dubai, how to issue tourist visa with no issue or being refused? Do I have to pay a penalty? How to remove the ban or blacklist? Will they arrest me at the airport? Warm regards, Tony

Obtaining an employment visa while case is pending

Q: Dear Ma`am, Good day, I have opened a labour case due to 6-month pending salary & salary deductions for 3 years (2014-15-16). The matter is in court & I am awaiting court dates for the case. My query is regarding getting new employment visa (not 6 months` temporary work permit) during ongoing court case (heard that due to amendment 766 of the year 2016, this is possible). I have a new offer at hand, can I request from the court/MOHRE to cancel my visa & issue a new employment visa? The total claim amount is AED 194K, what are the points should I keep in my mind while the case is ongoing? Should I hire employment lawyer? Requesting your positive response.

Accusation of theft and termination under Article 120

Q: The possible way to cancel my visa. Hi Sir/Ma`am, I was terminated from my company on the accusation of theft. My company said that they have a CCTV footage which they did not present during the committee meeting on 03 Jan. There was no money or goods retrieved from me by my company security. They only have my reports. The committee meeting which was supposed to investigate was held 2 weeks after. On Feb. 03, I received a complaint from MOHRE, so I went there with the PRO to settle things. I signed a paper without informing me what`s written in it and no translator was provided. They talked Arabic language only. I checked with labour the status of a complaint but it was closed. My company kept me suspended until the 10th of March and handed me the termination letter, which states that I am terminated from the 03rd of Jan. What are my chances on this? I am so confused right now and I really need help. It`s been 4 months until now I`m still waiting for their decision.

Legal way to know if a job offer is real or scam

Q: How can I know if a company is legally working in the UAE from India? I was interviewed by an overseas ministry agent company for a job abroad in Abu Dhabi named Continental Securities Ltd. How can I know this company has existence in Abu Dhabi and it`s not a fraud? It`s been 65 days since I was interviewed by the agent on March 23, 2018. Please guide me.