[moazzamali]

i open a case against a person for cheque fraud. now he get only one month jail (1 month jail = 15000 AED) what a shame.

now i want to open a civil case against that person. can anyone help me with the process of case opening/process ????

 

[The Rascal]

Go to the court, pay the money and open the case.

 

[moazzamali]

Go to the court, pay the money and open the case.

how much money i have to pay??? what kind of judgment is this??? to get my own money i have to pay more money???

any one who has experience with civil case? how much i will long? do i get my money or like cheque bounce criminal case he will again get only 1 month jail for my AED 15000???

 

[The Rascal]

You need to pay a proportion of the debt owed to the court to take a case out. Obviously you get this back once (if) the case is settled. If I recall it's 20% of what is owed to you, so in your case AED3,000.

The offence your guy was convicted of was bouncing a cheque, hence the jail sentence, it wasn't for owing you AED15,000.

 

[waple02]

You need to pay a proportion of the debt owed to the court to take a case out. Obviously you get this back once (if) the case is settled. If I recall it's 20% of what is owed to you, so in your case AED3,000.

The offence your guy was convicted of was bouncing a cheque, hence the jail sentence, it wasn't for owing you AED15,000.

Hi there, if the complainant file civil case to the borrower. Assumed the judged favor the decision to the complainant the complainant will fully recover the money from borrower? what is the guarantee he can fully recover is money.

 

[Chocoholic]

I don't understand this mentality of jailing people for owing money. Does it get you your money back? No, it doesn't. How about you actually TALK to the person who owes you and come up with a payment plan for them to pay the money back to you?

Ruining someone's life and throwing them in jail, serves no purpose at all.

 

[falcon01]

You dont actually go to jail for owing money. Its for cheque fraud as in issuing cheque when you do not have money. In many countries people no longer accept cheques as payment because the trust in that instrument has long gone. Its either banker's cheque online transfers, card payments or cheques.

I don't understand this mentality of jailing people for owing money. Does it get you your money back? No, it doesn't. How about you actually TALK to the person who owes you and come up with a payment plan for them to pay the money back to you?

Ruining someone's life and throwing them in jail, serves no purpose at all.

 

[Chocoholic]

You dont actually go to jail for owing money. Its for cheque fraud as in issuing cheque when you do not have money. In many countries people no longer accept cheques as payment because the trust in that instrument has long gone. Its either banker's cheque online transfers, card payments or cheques.

I realise this. But without knowing the circumstance of the person owing the money, how do we know they didn't have the money, then something happened?

There's always two sides to every story.

I friend of mine ended up in jail over a bounced cheque for a car loan, because some numpty at the bank found it and decided to bank it - my friend had already cleared the car loan and the bank didn't give him the cheque back, or destroy it. Was that his fault? Nope. He had all the documentation to prove he'd paid off the loan, but someone else's stupidity put him in a whole heap of trouble.

 

[The Rascal]

Someone is stupid in a bank?

Surely not Choco.

 

[sm105]

I realise this. But without knowing the circumstance of the person owing the money, how do we know they didn't have the money, then something happened?

Or worse, if they have the money in the account but the bank refuses to honor the cheque because of some technicality such as "signature doesn't match well" or "account is frozen for KYC review".

A colleague of mine spent 2 days in jail when a cheque he had written to the bank to pay off a loan was declined by the same bank even though he had funds in his account to cover it. They then filed a police case on a Thursday and threw him in jail - by the time his wife could arrange a cash withdrawal from the same account, the bank was then closed until Saturday.