Questiion: I have been working in the field of trade for a year. An Egyptian person gave me a cheque for Dh100,000 against some commodities, which he moved to his own country. However, the said cheque has been returned by the bank due to insufficient funds and also because the account has been closed. On inquiring about the person concerned, I found out that he had cancelled his residence visa and left the UAE for good. My question is, how do I realise my rightful claim from the defaulter?
Answer: I would like to advise the questioner to file a criminal case at the Criminal Court in Egypt (the defaulter's country of origin) and to present a documentary evidence, stating that the cheque had been returned owing to insufficient funds. The court in Egypt will then pass a judgment against the defaulter, directing him to pay the claimed amount. This procedure is necessary since the UAE does not have an extradition agreement with the Republic of Egypt.
- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.