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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

I would like to get your valuable advice regarding...

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I would like to get your valuable advice regarding the civil and criminal cases my father is facing. He has been in Sharjah jail for the past three weeks now. There are 8 "tameems" against him, and there is an executive judjement. He also has Rent civil case from the Real Estate Company and 2 years overstay fine.1- Abudhabi cheque 35, 000/-2- Ajman cheque 60, 000/-3- Abudhabi cheque 2000/- + 50 court fees4- Bur Dubai cheque 20, 000/-5- Abudhabi cheque 20,0006- Bar dubai cheque 17,0007- Sharjah cheque (no details)8-Abudhabi cheque 40,000/-He lost his job with which he was paying for the loans and hasn’t been able to pay the bank installments afterwards. He already attended one hearing in Sharjah for Sharjah case but the judgement date has not been given yet. I would greatly appreciate your advice regarding what options do we have in this scenario. We are going through a very hard time financially and cannot pay the full amount to the banks. That is also why we are unable to hire a lawyer as we cannot pay the fee. Please guide me on all the possible options that we have.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah UAE
Lawyer's Assistant: Has anything been filed or reported?
Yes
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,                                

Thanks for joining and trusting us, much appreciated!

 

We would like to inform you that if your father issued checks without balance to several sides, then your father has to do one of the following:

Offer an amicable settlement to those parties in order that those parties drop their complaints. 
Offer a judicial settlement in front of the competent courts.
 
The penalty for a bounced check is stipulated under Article (401) of the UAE Penal Code which stipulates that:
 

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, a fine of (100,000) one hundred thousand dirham is required.


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إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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