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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
One person has taken money from me for investing...
One person has taken money from me for investing in stock market And promised monthly profit %. He has also given a guarantee cheque to return the principal back on Nov 5,2020. However, I came to know now that he has cancelled his visa in Dubai and planning to move to Canada permanently. How can I claim back by money before he leave UAE?
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
You can file a complaint with the police station accusing this person of fraud with submitting the check to the police. You can also file a case in order to prevent the debtor from traveling according to the check that you have. We recommend that you seek the assistance of a lawyer in order to help you in taking the required legal action correctly and you can also refer to the official website of the Dubai Courts for more information about the travel ban through the following link: Dubai Courts
the official website of the Dubai Courts
Here is the text of the UAE Civil Procedures Law, related to your inquiry:
Article 329
1- The creditor, even before filing the substantive case, requests the competent judge or the head of the department, as the case may be, to issue an order prohibiting the debtor from traveling, and to estimate the debt temporarily, if the amount is not specified, and the order is issued according to an application submitted by the person concerned to the competent judge Or, the head of the department, as the case may be, if serious reasons arise with which the debtor flee, with the following conditions being met:
A - That the right be known, worthy of performance, and is not limited to a condition.
B - The value of the claimed right should not be less than one thousand dirhams unless it is a fine or a prescribed expense.
C - That the claim for the right is based on written evidence or if it appears from the apparent papers attached to the application that there is a serious claim.
D - The creditor submits a guarantee accepted by the court in which he guarantees every malfunction and damage to the debtor as a result of preventing him from traveling if it turns out that the creditor is not right to claim it.
2- Before issuing the order, the judge may conduct a brief investigation if the documents supporting the application are not sufficient.
3- If the judge issues the travel ban, he can order that the debtor's passport be deposited in the court treasury and that the travel ban be circulated to all state ports.
4- The person against whom the order was issued may file a grievance against him with the procedures stipulated for grievance against the petitions
the official website of the Dubai Courts
Here is the text of the UAE Civil Procedures Law, related to your inquiry:
Article 329
1- The creditor, even before filing the substantive case, requests the competent judge or the head of the department, as the case may be, to issue an order prohibiting the debtor from traveling, and to estimate the debt temporarily, if the amount is not specified, and the order is issued according to an application submitted by the person concerned to the competent judge Or, the head of the department, as the case may be, if serious reasons arise with which the debtor flee, with the following conditions being met:
A - That the right be known, worthy of performance, and is not limited to a condition.
B - The value of the claimed right should not be less than one thousand dirhams unless it is a fine or a prescribed expense.
C - That the claim for the right is based on written evidence or if it appears from the apparent papers attached to the application that there is a serious claim.
D - The creditor submits a guarantee accepted by the court in which he guarantees every malfunction and damage to the debtor as a result of preventing him from traveling if it turns out that the creditor is not right to claim it.
2- Before issuing the order, the judge may conduct a brief investigation if the documents supporting the application are not sufficient.
3- If the judge issues the travel ban, he can order that the debtor's passport be deposited in the court treasury and that the travel ban be circulated to all state ports.
4- The person against whom the order was issued may file a grievance against him with the procedures stipulated for grievance against the petitions
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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