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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi, my name is Bilal. I took a loan from emisrates...
Hi, my name is Bilal. I took a loan from emisrates islamic bank in sharjah of 50k aed. I lost my in the middle of my debt clearance and couldnt pay anymore. The bank filed a criminal case against me for the remainder of the amount. I paid the fine of 2k aed and thought the matter is resolved. This was almost 3 years ago. Now the bank called me again today telling me that they are going to file a civil case against me for the amount of 50k aed. Can they do that? Or what are the laws regarding civil cases?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah
Lawyer's Assistant: Has anything been filed or reported?
A civil case
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Thats it
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Yes, in the event the company is dissolved, a civil lawsuit can be filed and the value of the loan requested by the bank. The bank can also present security checks in this case and then present it to the Public Prosecution through a criminal complaint epecially since the law considers it an offense to issue a check without balance, and that the procedures should be followed by the Public Prosecution regarding the investigation of the source of the check, its arrest, the imposition of a penalty against it, and the obligation to pay its value as stipulated in Article (401)
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. Note that the penalty will be prison for a year.
*******With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
*****Note that the payment of the fine on the check does not mean your acquittal, but it is for the owner of the cheque to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty
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. Note that the penalty will be prison for a year.
*******With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
*****Note that the payment of the fine on the check does not mean your acquittal, but it is for the owner of the cheque to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty
الرد من العميل
Yeah, but i wanted to know if the bank can file a civil case on this amount of 50k aed
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that the bank can file a civil case against you at the courts, and if you pay the fine, which aims to replace the penalty of imprisonment by referring it to the civil court for jurisdiction
Consequently, the bank legally has the right to file a case and to claim you financially for the value of the remaining loan related to your liabilities unless it passes that the lawsuit has not passed the general statute of limitations, which is fifteen years, meaning that the bank can file the case unless it exceeds this period
Consequently, the bank legally has the right to file a case and to claim you financially for the value of the remaining loan related to your liabilities unless it passes that the lawsuit has not passed the general statute of limitations, which is fifteen years, meaning that the bank can file the case unless it exceeds this period
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Waleed Al-Helo
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الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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