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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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Hi Mr. Mohye, There has been a civil case filed...

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Hi Mr. Mohye, There has been a civil case filed against my father for a loan of 550K aed that was taken around 10 years ago. We have paid back to the bank approximately 650K AED but we missed 2 months of payment in 2018 and they submitted the security cheque of 830K to the police where my father was detained until we paid a fine of 10K AED. We were not able to pay any amount for the bank since then, however after we paid the fine and my father was released, a couple of days after I went to the bank with a friend of the family who wanted to help to close this matter, we went to the bank to try and settle the outstanding amount mentioned by the bank (around 250K AED) and we told them that we are able to pay 70K cash through our friend to settle this matter and close the loan. They refused so we had to close credit cards outstanding with 4 other banks. 2 days ago we received a call notifying our father that a civil case have been raised against him by the bank with the entire amount of 830K aed and we have 5 days to take action. What can we do here? We are helpless. Our friends loyal have requested an appeal, but we don’t know what to do next, should we try and settle this with the bank or explain to the court our situation?

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الرد من العميل

Excuse my typo in the last paragraph, “Our relatives’ lawyer have requested an appeal”

الرد من العميل

Hi Mr. Moath, I will receive your reply by email or here in the chat?

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

We would like to inform you that you must hire a lawyer to review the case that filed against you if you didn’t pay as the case will be criminal for issuing security cheques and you must pay them, as they may ban you from traveling by the bank, if the case verdict was against you then the bank has the right to file civil case to claim for the cheques amount.

Article 401

If a person gives another one a cheque with a bad faith or there is no account in the bank, the offender will face a prison with a time between a month and three years, in addition to paying a fine. The same penalty applies on anyone impersonate another person's character, or gives a cheque that is unplayable.  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.  

 Note that the new system is already enforce and its new procedures of fines instead of imprisonment as a penalty for a number of crimes; for example, bounced cheques with the amount not exceeding 200 thousand AED, insult and the delay in paying the rent.

If the value of the bounced cheque is 50 thousand AED, then the fine is around 2000 AED, and 5000-10000 AED if the value of the cheque is between 100 thousand and 200 thousand AED.

The general persecution announced the commencing the application  of  the penalty system of the law(1) for 2017 issued by his highness, sheikh Mohammed Ben Rashid, the vice president and the Prime minister, as a governor of Dubai, who entitles the general persecution the authority to issue the penalty of the fine regarding the misdemeanor or offense and minor violations instead of referring it to the court which improves the juridical performance in general.

الرد من العميل

Thanks for the answer, how can the bank claim for the cheque amount and they already received more than half of the amount

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

The bank will report these checks to the police

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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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