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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hi , I have to pay some amounts to my supplier...

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Hi , I have to pay some amounts to my supplier which is 40k cheque balance open credit .what is the rule I’m uae if my payment delayed
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Uae
Lawyer's Assistant: Has anything been filed or reported?
They told me they will put a case against me with bounced cheque and with credit application form signed .claiming 12% interest on balance payment and leagal fees apart from total due .i am
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I am

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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 you issued a cheque without balance, then we advise you to solve that amiably with the supplier to avoid any criminal case against you and punish you according to the article 401 from the Penal Code:

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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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, a fine of (100,000) one hundred thousand dirham is required.

 

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الرد من العميل

My question was about open credit from supplier .around 100k and I paying my supplier monthly 10k or more .Even I am trying to clear the dues sincerely they want me push in legal case which intended to claim balance amount and 12% interest till it’s settled with legal fees of their lawyer .How I can protect myself .i am willing to pay the money partly but regularly .This invoice against the supply of material between 05-12-2018 till 15-04-2019

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,

Welcome again!

 

If you mean that you are obliged to pay 10,000 per month and nevertheless they will file a claim for the full amount plus interest without deducting the amounts you have paid, in this case you have to protect yourself by getting a receipt for each installment you pay and we would like to assure you that the law in the event of such case gives you the right to make a counter-claim with the same claim filed by them, in which you may explain to the judge that the remaining amount of debt is less than the amount they are claiming.

 

You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.

 

Accept our respect and appreciation.

 

Kind Regards

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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