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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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I lost my job last October 2021 until now I don't...

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I lost my job last October 2021 until now I don't have job, but I have bank loan balance with ADCB around 90K in Dh and I have been paying it for 6 years until the time I lost my job. I want to know if I will be going to jail if I cannot pay my loan balance? Due to my near retirement age it is difficult for me to get hired. My worry and fear grows daily because as the rejections of my application mount. I am worn out by my inability to find wage-earning work especially in this time of pandemic. I am able and willing to work but I cannot find a worthwhile job. Please help me by your advice. Thank you.

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If you are late on your loan installments for the bank, we should tell you that the bank can use the guarantees that signed by you as a cheque, then the bank will file a complaint at the court against you. Then the court will be able to issue the punishments of jail and paying a fine. In addition to that, there will be an administrative decision taken against you, which is putting your name on the blacklist at all UAE banks. Consequently you will not be able to use the advantage of loans service at the UAE banks for a specific period of time, may be for 4 or 5 years.
Find the UAE Penal Code, in regards of your inquiry:
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 anyone 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.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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