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Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.5%
After paying the criminal court fine for a bounce...
إجابة الخبير: Mohye Eldeen Rasheed
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.7%
Please be kindly informed that it can be requested at any stage, whether before, during or after the filing of the lawsuit, and this is if its conditions are met
And that by referring to the Federal Civil Procedure Law
Article 329
1- The creditor, even before filing the substantive lawsuit, may request the competent judge or the head of the circuit, as the case may be, to issue an order prohibiting the debtor from traveling, and to assess the debt temporarily, if the amount is not specified, and the order is issued according to a request submitted by the concerned judge to the competent judge Or, the head of the department, as the case may be, if serious reasons arise that fear the debtor will flee, subject to the following conditions:
A- That the right is known, payable and unconditionally.
B- The value of the claimed right should not be less than one thousand dirhams, unless it is a fine or prescribed alimony.
C - That the claim of the right is based on written evidence, or if it appears from the documents attached to the application that there is a serious claim.
D - For the creditor to present a bond accepted by the court, in which he guarantees every delay and damage to the debtor as a result of preventing him from traveling, if it appears that the creditor is not rightful in his claim.
2- The judge may, before issuing the order, conduct a brief investigation if the documents supporting the request are not sufficient.
3- In the event that the judge issues the travel ban, he may order the deposit of the debtor’s passport in the court’s treasury, and circulate the travel ban order at all state ports.
4- Whoever the order was issued against may appeal against him through the procedures established for grievance against the orders on petitions.
Article 330
The travel ban order continues in effect until, for whatever reason, the debtor’s commitment to his creditor who issued the order has expired, yet the competent judge orders the extinction of the aforementioned order in the following cases: -
1- If any of the conditions necessary for the order to be banned from travel is waived.
2- If the creditor agreed in writing to drop the order
3- If the debtor provided an adequate bank guarantee, or a capable surety that the judge would accept.
4- If the debtor deposited in the court treasury an amount of money equal to the debt and the expenses, and was allocated to fulfill the right of the creditor for whom the order was issued upon his request, and this amount shall be deemed seized by force of law in favor of the creditor.
5 - If the creditor does not present to the judge evidence of filing a lawsuit on the debt within eight days of the issuance of the travel ban, or he has not started implementing the final judgment issued in his favor within thirty days from the date of its becoming final.
إسأل Lawyer
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.5%
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