Civil Case On Bounced Cheques to Direct Execution

Report for Outstanding Bounced Cheque

A person who owes me money under a cheque is delaying my payment, What’s the fate of my rights?

UAE law provides full protection for financial, civil, and commercial rights regarding Bounced Cheque both among individuals and institutions, whether the debt bond is a cheque or any other bond Taking to Civil Direct Execution

If the debt bond is a check, the law has organized a way whereby a performance order is issued in one day

bounced checks are no longer criminal offenses as of January 2, 2022

As long as the following three conditions are met for bounced cheque :

If the debt claims are documented by writing under a signed document by the debtor

Such debt in the event of performance shall not be constrained by a term or a condition

, and has to be of known value

Once a performance order has been issued by the competent judge notifying the sentenced debtor, will for valid for the enforcement of the debtor’s property and funds, a decision to seize and block him from traveling until full payment, including legal benefits from the date of the judicial claim, is made

Origin.  The right of the plaintiff to appeal to the court to claim his right before his opponent.  Exception.  To take the route to a performance order.

The provisions of articles 43, 143, 145 of the Civil Procedure Act as amended by Law 30 of 2005 show that the plaintiff who claims a right before his opponent must, as a matter of fact, resort to the court by a newspaper deposited by the book’s pen. An exception to this origin is to resort to a performance order from the judge in charge of the court of the first instance

in the sense of the provision of article 145 referred to above – that the judge, if he considers that the plaintiff does not respond to all of his requests He must refrain from issuing the order. This does not change the existence of a connection between the fixed debt by writing and claiming another right attached to it or which is related to it unless this latter right is fixed by writing also in the event of performance and the amount so that the creditor can follow that exceptional path without the normal way of filing the case. The legislature must take that extraordinary route – also, if the creditor’s claim is of a particular type and amount, or is a creditor under a commercial paper if it wants to go to its source, its transferable, or reserve guarantor for one of them when all the conditions are met.

The performance command is indivisible

Text Articles 42, 143, 145 of the Code of Civil Procedure combined – and as such a court has been brought to justice – that if a claim for a right in which the conditions for the performance order are met and a right to which it is connected or attached or which is not met, the plaintiff shall, in such case, take the road The ordinary case without the conduct of a performance order is

an exceptional and unexpandable route and because the performance order is indivisible, the judge cannot order certain applications, and some of them are rejected and referred to the competent court for adjudication.

The performance command is related to the public order

The lawmaker has made it necessary to follow the performance order system and the obligation of the creditor to resort to it in every case where the conditions for the performance order provided for in article 143 above are met, which is public order and the court, upon its own violation, provides that the case will not be admissible.

Performance order conditions

Performance command.  Issued by the competent judge under his jurisdiction.  The Court of Appeal shall if it considers that the order is canceled, that the objective conditions for its issue are not met, and that this defect shall not be extended to the same petition or procedure as the application.  It had to not stand by the elimination of the performance order, but it had to proceed with

the consideration and adjudication of the matter by a new provision.

Text in articles 143, 144, 147 of the Code of Civil Procedure indicates that the performance order as an exceptional way of bringing a case is issued by the competent judge under his jurisdiction, thus providing all the elements of judicial work and arranging the same judgments The performance order with the same powers as those established in the case of appeal of the judicial judgment, as provided for in article 166 of the Code of Civil Procedure, and therefore, if it is found that the order does not meet the objective requirements of its issuance

Exclusion from general rules of action. The enforcement of the value-of-jurisdiction rule provided for in article 30 of the Code of Civil Procedure is not in place.

The legislator has excluded the provisions of the performance orders from the provision of general rules in the case, whether in the case of procedures or rules of competence.

The jurisdiction of the court judge in whose district the debtor is located to issue performance orders, whatever the amount of debt claimed and without any provision, to be a judge of the Trial Chambers composed of an individual judge, a president, or a judge of the three-judge Trial Chambers.  That is the same

The court judge in whose district is the debtor’s home is competent to issue orders of performance whatever amount of debt is claimed – without a charge being a judge of the Trial Chambers composed of an individual judge, a president, or a judge of the Court of the first instance as it is concerned with the first instance court of all its Chambers as provided for.

Performance command and petition order
  • What is a petition order?

The judgment is the decision taken by the judge, with his judicial authority, to dismiss a dispute brought against him according to the rules of the Civil Procedure Law concerning a dispute in a right. The order of a petition – and the provisions of Part X of the Code of Civil Procedure – is the order of the competent judge or the head of the Chamber of the Court which, on the basis of the requests made to him on the basis of the relevant petitions, is subject to a provisional procedure by the competent judge or the presiding judge of the Chamber of the Court. This order is issued in the absence of adversaries without any explanation on one of my petition copies, the expression of which is in fact rather than

in the description given by the judge of the procedure he described.

The way to challenge the petition order.  He or she shall appeal to the judge or to the head of the Chamber who issued it unless otherwise provided by law.  This order may not be directly appealed by appeal, although the appeal judgment may be appealed.  There is no measurement in this case of a performance order if the opponent missed the date of the grievance.  That is the same.

Article 141 of the Code of Civil Procedure indicates that the legislator has made the way to appeal the order of a petition – whether issued by the court or by the person who issued the order to refuse its application – in the form of a grievance from him to the judge or to the head of the Chamber that issued it unless otherwise provided by law.  To the effect that the order issued to a petition directly concerned cannot be appealed, although the appeal may be made, In such a case, the lawmaker’s leave in article 147, paragraph 2, of the Code of Civil Procedure is unquantifiable, in order to appeal directly to the performance order if the adversary dies the date of the appeal, as this provision is an unmeasured exception to general rules.

Summary of the rule

Performance command

The creditor must resort to it in every case where the terms of the issue are met. article 143 of amended civil procedures. Non-compliance to the article shall lead to Non-acceptance of the claim.  It is considered an exception to the general rule of action which is not measured in the cases specified therein and is not expanded.  The creditor’s claim for the value of a check by a performance order.  Its limit is on the drawer and the standby guarantor.  The order to pull out the check is not one of them.  The result.  The creditor is required to order the check to be drawn. The normal procedure for the filing of a case must be taken

Summary of the rule

Performance order route when conditions are met. From the public order.  The result.  The court must, on its own motion, serve in violation of the non-acceptance of the case in order to bring it forward in the way prescribed by law.

Rule text

The path of performance, when its conditions are met, is set out in public order, so the court must, when it is in breach, decide on its own motion not to accept a suit to be filed without the law

Summary of the rule

The plaintiff who claims a right before his opponent originally resorted to the arbitrator under an argument deposited by the book’s book, the exception.  If the judge in charge of the Trial Chamber so provides, he shall take him to the path of obtaining a performance order. Performance order conditions are not available.

Rule text

The provisions of articles 143,42.145 of the Code of Civil Procedure indicate that a claimant who claims a right before his or her adversary must, as an asset, resort to the court by his paper deposited by the book, and an exception to that origin must resort to a performance order from the judge in charge of the Trial Chamber If all that is claimed by a fixed debt is written by a signed editor of his city, his condition is that this debt is available, including the conditions of his society, that this debt in the event of performance is not added to a term or is suspended on a condition, and that the amount is specified for the Bounced Cheque.

Summary of the rule

The debtor may appeal against the performance order issued against it in accordance with the rules, procedures, and dates established for the appeal of sentences.  Date of appeal.  Starting from the date of the grievance.  The appeal against the performance order in terms of its appeal to the general rules.  The Court of Appeal annulled the order for the absence of objective conditions for its issue without the defect extending to the same petition or procedure for its submission.  It should proceed.

Rule text

The decision of the Court that the debtor may appeal against the order issued against him in accordance with the rules, procedures, and dates established for appeal, the date of appeal from the date of the appeal, and the decisions of the appeal against the performance order from the Court of Appeal

flawed in its formalities, whether this defect is extended to the same or its proceedings before the Court, the Court shall, if it is canceled, be bound to stand to eliminate this without going beyond addressing the issue.