How many individuals in UAE who have loans or fully utilized their credit cards yet has a hard time paying their debts? Each year, the debts are getting higher, and now with all the jobs, it becomes more difficult to get a lot people to settle their debts they accumulated a time period back. When such problems in repayment of debts are regarded as an offence, the position is even worse when you do not seek the guidance of a lawyer.
The UAE law states that it is a crime when one writes a cheque and he or she is unable to honor his financial obligations.
The different acts contained inside the range of dishonor are as follows:
- Drawing of a check in lacking honesty without assets that could be brought or with finances less than the sum of the check
- After issuing a check, taking all or part of the assets and leaving the equalization lacking to settle the sum of the check. This can be refined in lacking honesty.
So it’s seen that in every one of the previously described acts that were criminalized, two crucial elements are knowledge and bad faith. These parts are often presumed to not be absent in the event of cheque bouncing, and the responsibility of showing lack of those elements is to the person accused of the offence. He could be penalized by a period of incarceration, a fine or with both, in the event the person is unable to disprove the presence of the components.
The banks are almost always attentive to prevent such obligation. For checks that have have bounced and for those who have issued cheques to settle outstanding balances on charge cards as well as other accounts, banks may take legal actions.
When check is lost or stolen, you must hire a lawyer for the UAE law has no exemptions for expats.
People who neglected to maintain their payments or whose cheques have bounced therefore are subjected to the provisions of the penal code and are regarded as offenders.
If you are not ready for these matters and you know that you are on the edge, you may hire a lawyer who has a specializes in this type of case.
However, a man might be given the chance to settle the sum before filing a case against them by the banks. The grievance will likely be filed as a case in law enforcement to give the man the chance to pay back the debt, and he will subsequently be detained in the event the resolution is unable to be reached. But in the event the resolution isn’t reached, the case will likely be referred together with the powerful chance of jail time.
This Committee is created to settle cases linked and bounced checks in the Property issues. It has complete power over such cases, and rulings delivered by the committee are unable to be appealed. The Committee even offers the following powers:
- Send the case through your lawyer to the judicial powers that are concerned to ascertain whether to commence legal proceedings; and
- Consult on the home sector problems with debt specialists.
- When it is demonstrated that the signatory isn’t qualified for the sum of the check, to erase the skipped check issued to the property engineer;
- Compel the check guarantor to issue one that is new to supplant the one that has ricocheted.
The Courts and individuals Prosecution will also be under commitment to stop, submit them, and examine any protests or instances of ricocheted checks in regards to Property issues.
Both the Courts and the committee have become efficient in coping with such cases. There’s a limitation of a six-month period for filing cases regarding the bounced checks after which no legal action may be taken from the drawer of the check. Therefore, it’s recommended to seek help from an attorney in order to avoid delay in the process to avail the treatment and take measures.
News: The Price of Bounced Check
This is the ideal time to find a lawyer.
Dubai: The dream of making it rich in the UAE has become a nightmare from authorities and meant jail for numerous expats, locked up as booming companies went bust for bouncing cheques.
For only one Briton, the bad dream of a long correctional facility term alongside prison is posing a potential threat, all to get various bounced checks issued when his building subcontracting organization went tummy up.
“Also, I unquestionably could have run my organization better, not been as remiss with every one of the men who I was managing.”
In Bur Dubai jail, Mark has been waiting for a bond the last two months for bouncing cheques. His His British passport continues to be detained, although he was bailed out lately. For the foreseeable future, he is unable to leave Dubai and is facing a long prison term.
“I don’t have any means of paying the money back,” he says. “I am out [of jail] for now, but I can not get any access to funds. I ‘ve nothing, I am living with buddies and I will return in unless I pay it away – which I can not do.”
Mark isn’t alone.
For three years, things were not bad for Mark. He had come during the height of the building boom, understood several pals in the construction trade in Birmingham who’d come out for jobs as project superintendents and managers with multi-national corporations, laying the bases for the prosperity in Dubai.
“I had a couple contacts after I got off the airplane,” he remembers, back in the heady days of early 2006. “Within a few weeks I had been flying, doing bits of completing work in a few workers’ lodgings and finishing off several villas in Mirdif,” he says. “There was no lack of work. I brought several other men outside and we had a number of crews working in almost no time for us. It was not huge things, but there was tons of work.”
And since there was no trouble in picking up more work to maintain, his men are working, and there also appeared to be cash coming in to pay wages and overheads.
“There was not any problem of not getting paid,” he remembers. “A significant amount of it was private contacts and also you consistently got the cash finally, even though it had been in dribs and drabs or several weeks late.”
Like many expats from Western nations, Mark fell into the snare of living the lifestyle he had dreamed of growing up in the rough and tumble in the Midlands – even the stylished girlfriend, the 4X4, the Marina view and the garish clothing. All are gone, with the girlfriend back in the Ukraine.
“I am driving a thrashed Sunny now, and I am honored in the event that I could obtain Dh20 to pet petrol inside,” he says. As opposed to a two-room 1,800-foot range with Marina and perspective, it’s a bedroll in a house keeper’s room in Al Ghusais.
“It was quite crowded in there. The food was all right, but you needed to queue for several hours to make use of both telephones in there, after which you just got three minutes.”
In the rose, the flower had gone by last October. For Mark, company became a bed of thorns.
“Partners who I was doing business with unexpectedly were not about,” he remembers. “They were not hanging out in the regular watering holes. When they had see you, you met them, they had run. The cheque would often be arriving tomorrow or next week, or the bank is waiting to issue cheques that are new. There was always some reason for not getting paid. Another thing I understood was that they’d jumped the state.”
Things got worse.
“My bank was not giving anymore. How could I lower my debt after I had not been getting paid as well as the work was beginning to dry up?”
He recalls well the sinking feeling in his gut when his bubble had burst.
“I figured I was fine since I used to be owed around Dh270,000 and a couple of other small jobs as well.”
Just like a gambler who constantly reckons another horse will win, Mark steadfastly believes he may have gotten through it in case the bank had only covered him a little more.
It did not.
“The last few months have now been absolute hell,” he says. “She is gone back to Kiev as the gravy train came to a conclusion, I am stuck here paying the price for the credit crunch.”
Horrible, is not it?
What would you believe ought to be the punishment to get a bounced cheque? Would you believe it ought to be treated as a criminal offence, or should there be options? Whether you answer yes or no, the right thing to do is to consult a lawyer.