Ask Gulf News: Can you recover your money after a bounced car sale cheque?

Question: About 10 days ago, a man bought my car for 50,000 dirhams and paid me by cheque. At his request, I registered the car under his brother’s name. After I transferred the car, the cheque bounced due to insufficient funds, and I neither received the agreed payment nor retained the vehicle. What steps should I take to recover my money? Do I have the right to file a criminal case against them for the bounced cheque? Please advise.

Answer: If the cheque has bounced due to insufficient funds, you do not have the right to file a criminal case. Instead, you must pursue civil proceedings, which should be filed against the person who issued the cheque only, in accordance with Article 667 of Federal Decree-Law No. 50/2022 on Commercial Transactions. This law states: “The cheque on which the drawee declares that there are no or insufficient funds shall be an executive instrument. The bearer of the cheque may request its execution, in whole or in part, by force. The provisions, procedures, and rules set out in the Civil Procedures Law shall apply to the application for execution and any related disputes.”

You also have the right to file a civil case against both parties to either:

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