I want to know about civil case

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We would like to inform you that you can raise a civil claim for debt if the criminal case has been finally. In regard to travel ban, you must submit an application to the temporary judge, or the head of the department, as the case may be, to issue an order to prevent the debtor from traveling and to estimate the debt temporarily if there are serious reasons for fear of escaping the debtor.

Also, you have to provide what proves the prosecution of the action of the debt within eight days from issuing the travel ban order, or if he does not start the execution of the final decision issued to his benefit within thirty days from the date of its final issue.

Article 329 of the UAE Civil Procedures Law (as amended). The creditor is entitled to request from the authorized judge an order prohibiting the debtor from traveling upon fulfilment of the following requirements:

• First: if there are serious reasons to believe the debtor might escape;

• Second: if the debt is not less than AED 10,000;

• Third: if either of the following conditions are accomplished:-

1. Debt is known and unconditionally payable; or

1. If the debt is not of determinant amount, the judge shall estimate its amount with a temporary estimation, provided that the two following conditions shall be fulfilled:

1. The claim for the right has to be based on written evidence.

1. The creditor shall submit a bail in which he guarantees each failure or damage that would affect the debtor because of prohibiting him from travelling if the creditor has been proved not to be rightful in his claims.

Once the travel ban order is issued, the judge may order the deposit of the debtor’s passport in court and will circulate the order of the traveling prohibition throughout all the state’s border crossings. The debtor can complain thereof through the procedures set for the complaint against the orders on the petitions.

Article 330 of the UAE Civil Procedural Code governs the duration and the extinction of the ban order. The order will be in effect until, for any reason whatsoever, the debtor’s commitment to his creditor is expired. In addition, in certain cases, the authorized judge can order the extinction of the travel ban:

1. If any of the conditions required for the travel ban is extinguished.

1. If the creditor accepts, in writing, the extinction of the order.

1. If the debtor submits a bank guarantee or a solvent bondsman approved by the judge.

1. If the debtor deposits in the court a sum of money equal to the debt and the expenditures, and allots the same for the payment to the right of the creditor for whose request the order has been issued, and this sum shall be considered confiscated by the power of the law for the benefit of the creditor.

1. If the creditor does not submit to the judge what proves the prosecution of the action of the debt within eight days from issuing the travel ban order, or if he does not start the execution of the final decision issued to his benefit within thirty days from the date of its final issue.

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