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There are two types of courts in the UAE, ie, federal (the Emirates of Abu Dhabi, Sharjah, Fujairah, Ajman, and Umm Al Quwain) and local (the Emirates of Dubai and Ras Al Khaimah, which have retained their independent judiciaries). Both federal and local courts comply with the UAE Temporary Constitution of 1972. Both federal and local court systems are composed of three levels, ie, courts of first instance, courts of appeal, and the Federal High Court in Abu Dhabi or the Court of Cassation in the Emirate of Dubai. In the Emirate of Ras Al Khaimah, the judiciary is of two levels only, ie, courts of first instance and a court of appeal.
The Civil Procedure Act regulates the jurisdiction of the federal courts, their formation, and level in the hierarchy. The Act is applicable to all civil proceedings before the courts, ie, civil, commercial, and personal. Although the courts in the Emirate of Dubai are formed under and regulated by Act Number 3 of 1992, the Civil Procedure Act has been adopted and enforced in Dubai pursuant to Act Number 5 of 1992.
A complaint letter in Arabic in letterhead bearing the stamp of the company/firm. Letter shall include name of Issuing party, Address, Contact number, Cheque number, Date, Amount, Name of Bank and purpose of issue.
* Trade License copy of both companies (Passport copy if the party is a person).
* Bounced Cheque original and copy along with bank report
* Authorization letter/Power of Attorney for the complaint reporting person.
Procedure
* Submit above mentioned documents to the nearest police station, along with fees.
* The report will be investigated internally and you will be given a serial number.
* The Department of Investigation will contact the issuing party to recover the money amicably, if failed, will take legal actions against him and put the case in nation-wide criminal record.
Frequently Asked Questions
Cheque is proof of money lent
Q: I lent Dh200,000 to one of my friends in November 2008 and got an undated cheque against it from him. After promising me that he would repay the amount for the past two years, he has now refused to do so. Can I initiate a criminal case against him?
A: To initiate a criminal case against the debtor, you have to produce a bounced cheque to the police. Hence, you have to deposit this cheque to your account and if it returns bounced, then you are entitled to report this to the police. Alternatively, you can proceed with a civil suit directly based on the cheque as it is a proof of debt.
Stale cheque
Q: What is the liability of the drawer of a stale cheque in Dubai? Is the drawer obliged to write another cheque in exchange for a stale cheque?
A: Generally speaking, a cheque is given for payment of any underlying transaction. Hence, it is the duty of the drawer to pay the amount either by giving another cheque or by paying in cash.
Furthermore, a stale cheque cannot be deposited in the bank. However, the same stale cheque is still valid for establishing a civil right of claiming the amount of the cheque from the same person.
Thus, you got a right to file a civil case within 15 years against the drawer for the amount of the cheque as per Article 473 UAE Civil Code.
