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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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HOW CAN I ASK A PERSON TO PAY WHAT THEY OWE ME

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HOW CAN I ASK A PERSON TO PAY WHAT THEY OWE ME
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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the UAE Evidence Law, if you are a creditor and want to obligate the debtor to repay this debt, there must first be proof of the debt, such as any document proving this debt, for example, or by any means authorized to prove the debt.
Referring to Federal Law No. 10 of 1992 on the issuance of the Law of Evidence in Civil and Commercial Transactions:
Article 35
1 - With respect to non-commercial items, if the value of a transaction exceeds Dhs five thousand or if it has an indefinite value, the testimony of witnesses in proof of the existence or occurrence of said transaction may not be held valid unless otherwise stipulated in an agreement or a provision.
2 - The liability shall be estimated on the basis of its value at the time of the transaction without the addition of annexes to the origin.
3 - If the action includes several claims arising from various sources, the testimony of witnesses may be given in proof of each claim with a value not exceeding Dhs five thousand even though the total value of such claims exceeds that amount of if the origin thereof arises from relationships between the parties themselves or from transactions of the same nature.
4 - The effect shall be considered if partial fulfilment of the original obligation has been proven.
Article 36:
The evidence given by witnesses may not be considered even if the value does not exceed Dhs. five thousand in the following cases:
1 - Where it violates or exceeds that which is contained in written evidence.
2 - If the liability is what remains of or part of a right, it may only be proved in writing.
3 - If any of the parties to a law suit claims in excess of Dhs. five thousand, then increases his claim to an amount exceeding this value.
Article 37:
The testimony of witnesses may be considered proof in the following cases where proof should be given in writing:
1 - If the concept of proof by writing exists. Such a concept of proof shall be applicable to any writing made by a party which helps to make the transaction at issue possible.
2 - If a material or ethical objection prevents the obtainment of written evidence.
3 - If the creditor loses his written voucher for reason beyond his control.
4 - If the court, for sound reasons, views it as permissible to admit evidence through the testimony of witnesses.
5 - If the written evidence has been challenged on grounds that it contains what is prohibited by law or held to be in violation of public discipline or manners.
** Therefore, if there is a document relating to debt, you can submit it at the Court and filed an implementation lawsuit and demanding it

الرد من العميل

Good Day!I wanted to know how I can get my ex partner (boyfriend) to pay me. The situation is at the time we were together he asked me to get a loan, ASSURING that he will pay for it. He said he was a lawyer, since we were together and I trusted him I took a loan under my name.It was a 30k loan from Dunia which I only had 1500 out of it. The rest he spent it, he was even the one who kept the card that the money was transferred to and the cash that was taken from the credit card that was included in the loan. So when he got the money he slowly got busier and busier until I can no longer get a hold of him saying he was busy with "clients". When the loan needed to paid he said he would pay but it was always late. He gave payments to the loan for only 3 months the rest was paid by me. He started to stop communicating with me and the loans interest got higher and higher until I was left to consolidate the loan and the cash advance that was done with the credit card. I have responsibilities of my own and paying the loan is hard for me. I was paying diligently when Dunia deposited my cheque and made a police case against me.I was in jail for three days which my ex knows also and said that he would pay the fine I paid to get out of jail. Long story short he would always say he would pay but I never received a single dirham from him. My question is is there a way I can get him to pay me and pay the loan? Is there a way I can transfer this loan to his name? I dont have any signed contracts or agreements saying that he will pay for the loan. What I have is our SMS, LINE and whatsapp messages showing what he said. I am in desperate need of help regarding this matter.Hope you will able to assist me.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In addition to our above answer, if it is not on your side, you have to know that the sponsor is instead of the debtor to pay, so if the person didn’t pay then the bank will force the sponsor to pay. So you can ask for the money only if you paid the full amount of the loan. After that you can file a civil case against him and ask for the whole amount that you paid for him.

الرد من العميل

So what you're telling me is I have to pay this loan even if I was not the one who used it?Only after paying it completely then I can file charges to my ex?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Unfortunately, the legal procedures are like that to ask the debtor of the loan according to the law, and there is no exception as the law guarantees the creditor right by all legal means.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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