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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I need advice regarding somebody not paying his...

تم تقييم هذه الإجابة:
I need advice regarding somebody not paying his debt and he keep on promising it's alreadymore that 3month now. He issued dormant /bounce check as his payment.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dhabi
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
This month he told he will pay but he again he told on September .Suppose to be last April too many promises till now

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                                       
Thanks for joining and trusting us, much appreciated!

We would like to inform you that case that the debtor does not comply with the date agreed upon, you can review the police station and submit the check in addition to the bank refusal statement. In case of conviction, the judge will punish the debtor with imprisonment or a financial fine.

Here is the text of the UAE Penal Code relating to your inquiry:

Article 401:
Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable.
The criminal case shall be dropped if the payment or waiver is made after the occurrence of the crime and before the dismissal by a final judgment, and if this happens after the process of judgment is ceased, the judgments shall not be executed.
If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central Bank of this matter to all banks. In the case of any bank violating the said order, then they will be forced to pay a fine of 100,000 AED.

 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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