Question: Two years ago, I lent my friend a large sum of money in cash in the presence of two of my friends, with the expectation that the amount would be returned within a month. However, he is currently procrastinating in returning the amount, especially since he knows that I have no proof regarding the loan, and perhaps he is currently thinking about escaping. What is the appropriate measure to take against him? Do I have the legal right to request a travel ban? How can I prove my right before the court when I do not have proof or any document? Please advise.
Answer: I would advise the questioner the following...
1. It will not be easy to issue a travel ban against him because you do not have the written evidence to prove your unpaid loan which is one of the basis to issue the travel ban, as per Article 324 of the Civil Procedures law, which provides that the creditor even before filing the civil case, if serious reasons from which there would be risk of the debtor’s escape, and the debt were not less than (Dh10,000) Ten Thousand Dirham, the creditor may request from the authorised judge or the circuit manager, according to the circumstances, the issuance of an order prohibiting the debtor from traveling in the two following cases:
First: If the debt were known, due and unconditionally payable.
Second: If the debt were not of determinant amount the judge shall estimate its amount with a temporary estimation, provided that the two following conditions should be fulfilled:
a) The claim for the right is to be based on written evidence.
b) The creditor should submit a bail which is accepted by the court and in which he guarantees each failure or damage that would affect the debtor because of prohibiting him from traveling if the creditor has been proved not to be rightful in his claims.
2. The procedure to be taken against him is to file a civil case requesting for your money. It is the responsibility of the claimant to prove his claim and that of the respondent to refute it. The judge is not permitted to make rulings on the basis of his personal knowledge.
You may ask him to say the oath or you may use any WhatsApp or email chatting in case you do not have any documented evidence.
Regarding the witnesses and as per Article 66 of evidence law, Proof by the testimony of witnesses shall not be permissible if the amount exceeds Dh50,000 which in such case shall be proved with written evidence. In all cases, you have to request for such testimony and to explain to the court that there were witnesses at the time you gave him the loan and the court will take the decision as per its estimation.
