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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Dear Mr. / Mrs AttorneyGood dayLast Year i lend...

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Dear Mr. / Mrs AttorneyGood dayLast Year i lend one of my connections AED 14, 000 without any interest ( AED 9,000 by Bank Transfer / 5000 by Cash) Money was supposed to be given by Feb 2020 but due to Covid 19 it was postponed and lately i got to know that He/She Left UAE and i tried to recover my money but all i get is fake promises and excusesIs there a way to recover my Money Back and what is the procedure taking in consideration that I only have Proof for AED 9,000 ( Bank Transfer) Thank you in Advance for your Advice and TimeRegards

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that according to the information provided to us in your inquiry and with reference to the Commercial Transactions Law, as well as the Federal Evidence Law first, in the event that the debtor leaves the state, a lawsuit can be instituted against him in his motherland unless the country in which the debtor is from is a signatory to the Judicial Cooperation Agreement regarding mutual execution Consequently, it is better to institute the case in the debtor’s home by seeking the assistance of a lawyer, who is in charge of the procedures for instituting and following up the case. In this regard, the Federal Evidence Law stipulates that We would like to inform you that According to the Civil Transactions Law, Federal Law 10 of 1992 issuing the Evidence Act in Civil and Commercial Transactions, below articles state:
Article 35
1 - In non-commercial materials, if the disposal is more than 5000 AED or if it is of no value, the testimony of witnesses in proof of its existence or its expiry may not be valid unless there is an agreement or provision stipulating otherwise.
2 - The obligation is estimated considering its value at the time the disposal is issued without adding the attachments to the original.
3- If the lawsuit includes multiple requests arising from multiple sources, evidence may be attested by the testimony of witnesses in each application, the value of which does not exceed 5000 AED , even if these requests as a whole exceed that value, or if their origins are relations between the litigants themselves or behaviors of one nature.
4- The lesson is to prove partial fulfillment of the value of the original obligation.
Article 36
Evidence cannot be attested by witness testimony even if the value does not exceed 5000 AED in the following cases:
1- In what contradicts or exceeds what is included in the written evidence.
2- If what is required is the remainder or part of a right, it may only be proven in writing.
3- If one of the litigants in the lawsuit claims more than 5000 AED in value, then his request shall be changed to no more than this value.
Article 37
Evidence may be attested by the testimony of witnesses, as it should have been proven in writing in the following cases:
1- If there is a principle that is proven by writing, and the principle of proof of writing is considered every writing issued by the opponent and that would make the existence of the alleged behavior close to possibility.
2- If there is a physical or literary impediment to obtaining written evidence.
3- If the creditor loses his written support due to a foreigner who has no hand in it.
4- If the court decides, for good reasons, to allow evidence to testify.
5- If he challenged the written evidence that it contains what is prohibited by law or contrary to public order or public morals.
Therefore, if the debt is more than 5000 AED , then you can file a case and provide witnesses and documents to prove, and the court will estimate them.

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Hello Mr. WaleedThabk you for the reply. I have only bank transfer slip and nothing else. Case to be filed in Police or Court. Thanks

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

If you have transfer slips, you can file a complaint with them before the Public Prosecution on charges of fraud and fraud, as a punitive tear in the case, and then a civil lawsuit can be instituted and a claim for its value Thank you

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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