January 20, 2021
UAE Debt: Avoiding a Debt Sentence in the UAE
By Barney Almazar, Esq.
So you’ve done your holiday shopping, hit the malls for that iPhone or designer purse, but before you think about taking out that credit card and swiping it for another purchase this year, read Article 401 of the UAE Penal code first:
“A punishment of confinement of one month to three years, or a fine of a minimum of AED1,000 shall be inflicted on any person who, in bad faith draws a cheque with no existing or drawable provision.”
Your MasterCard maybe as good as cash to Prada but as far as your credit card issuer is concerned, the consumed portion of your credit limit is “borrowed money” which you will have to repay plus interest. This means that you shouldn’t treat your credit card as cash in your wallet. I’d like to discuss how you can manage credit and the legal implications of not being able to do so since I bet you wouldn’t want to spend 2014 sitting in jail due to all your unpaid holiday purchases.
When you applied for your credit card, you have agreed to the terms and conditions of the bank which you probably did not read at all. In gist, the fine print in the contract obliges you to pay all your purchases plus any interest, late charge, over limit penalty, annual membership fee and other applicable bank charges. You have authorized the bank to cash your security cheque should you default on your payment. If your cheque bounced, in the eyes of law, you have committed a crime.
The key to maximizing the benefit of credit (again, maximizing the benefit, not maxing out your limit) is paying all your purchases in full on the due date. If you cannot afford to make the full payment, strive to regularly pay more than just the minimum and do not use the card further until you are able to clear your balance. Adding purchases on top of your card balance will only make your interest payments bigger. Forget the reward points you will earn for any additional spending. The price you pay for interests certainly outweighs the monetary value of the points you earn.
If you are practicing the golden rule above, you are doing very well and need not bother reading the rest of this article. Otherwise, I need your 100% attention.
Credit card issuers, just like any other financial institutions are not charity. They earn form the interest and bank charges you pay for using their money. When you get AED100, they expect to get back not AED100 but more. The longer time it takes you to pay back, the more you lose in interest payments.
But what should you do when you overspend and cannot manage your bills? You need to get a pair of scissors, cut up your card and call the bank to arrange for a payment structure. You may negotiate a payment holiday during a period of unemployment, to extend the term of repayment or reduce the monthly payments. Once you make the settlement, you should stick to the agreed payment terms. It is always better to settle out of court as what the story of Nenita’s husband will teach you.
UAE Debt: Avoiding a Debt Sentence in the UAE
Nenita’s husband is working as an account executive in a real estate company. He has been using his platinum card for over 2 years but due to financial difficulties back home, he was unable to pay despite repeated demands from the bank’s collections department. The bank cashed his security cheque. After securing a report from the police for the bounced cheque, the bank filed a criminal case and he served jail time. Several months after his release, he and Nenita together with their 2 daughters decided to visit Manila. To their surprise, the airport immigration did not allow him to exit Dubai and was detained again for a pending civil case for collection of money.
It is a common notion that serving the prison term or paying the fine imposed for bounced cheque will erase one’s debts. This is absolutely wrong. The prison term or fine (which is normally lesser than the cheque amount) is the penalty for the criminal act of issuing a worthless cheque. It has nothing to do with the payment or extinguishment of one’s financial obligation which is civil in nature. Banks are interested in getting back their money from the defaulter. Banks will not earn anything when the cardholder pays the fine or is imprisoned. To collect the amount owed, banks will subsequently file a post-jail civil case for collection pursuant to Articles 246 and 710 of the UAE Civil Code obliging the debtor to pay his creditor as per the terms of the loan contract.
The civil case will be assigned to an execution judge who would compel the defaulter to pay up the cheque or risk being jailed again. At this point, banks are less likely to enter into a settlement. Based on experience, most banks demand full payment together with damages and cost of suit from the jailed cardholder.
Though the holiday season may mean increased spending for many, not all gifts have to be bought from stores. A clean credit history is priceless. Examine your wallets and consider rewarding yourself with financial freedom.
When you keep on borrowing money and debt becomes unmanageable, you will experience feelings of fear, stress, guilt, shame or anger. If you are in debt, you may receive phone calls and letters from the companies or people you owe money to.
What are the warning signs that you are headed for financial trouble?
If you answered yes to any of the questions above, you really need to re-examine the way you handle your finances. You must aggressively pay off your debts and don’t hesitate to seek professional help.
Contact the collections department of your bank and advise you would like to make a settlement.
If you have defaulted on several loans within the same bank, inform the collections officer that you would like to settle all your loans. For example, if you have credit cards, personal loans and car loans issued by the same bank, you should settle all loans in one agreement—because the bank can still file a case against you for the other loans which you did not settle.
Once you have agreed on a settlement option, request for the settlement letter.
Make the payment as per the settlement letter. Do not make any payments unless you have the settlement letter.
Get the Release/Clearance Letter once you have complied with the payment terms.
If you have a pending case, secure clearance from the bank’s lawyer.
Present the clearance to the police station so your records can be cleared from the police and immigration systems.
|Police Case||Civil Case|
|Applicable Law||Article 401 of the Penal Code||Article 272 of the Civil Code|
What is the complainant asking the court?
|For the offender to be punished for issuing a bounced cheque||For the debtor to pay the amount owed|
|What is the punishment?||Jail term and/or payment of fine/penalty (not the amount of the bounced cheque)||Payment of loan obligation plus damages or imprisonment if unable to pay|
|What offices are involved?||Police, Prosecutor, Criminal Court||Civil Court|
|Can I leave the country?||No.||Yes, unless the bank files a travel ban|
|Can I cancel/transfer/renew my visa?||No. You can process your visa once you have served the jail term/paid the fine or settled your loan.||Yes.|
|Can I renew my passport?||Yes, request the police or court||Yes, request the court|
|Will I be deported?||No||No|
|Can it be filed even if I’m not in UAE||Yes||Yes|
|Will service of sentence erase my debt?||No. Your bank can still file a civil case for collection of the amount you owe.||Yes, your payment of the amount ordered by the court will extinguish your loan obligation.|
|Will imprisonment erase my debt?||No. Imprisonment will only clear your case for issuing a bounced cheque.||No. Only payment of the amount owed will erase your debt. Creditor can still request a travel ban even after you have served your jail term.|
|Can I enter into a settlement during the trial?||Yes, as long as no judgment has been passed. The case will be dismissed if you will pay the amount demanded by your creditor.||Yes, you can enter an amicable settlement at any time, even after judgment has been rendered.|
|Will I go to jail even if I surrender my passport to the police/court?||No, during the trial. Yes, after the judgment (if you are proven guilty).||No, during the trial. Yes, if you cannot pay after the judgment.|
For more information on Central Bank rules on debt collection, readers can visit www.gulflaw.info or call 04-4492016. Gulf Law and volunteer Filipino lawyers hold monthly free legal aid and seminars at the Philippine Consulate in Dubai and Embassy in Abu Dhabi.
Check out our video on the UAE Law – UAE Code of Conduct, Deportation and Blacklists & Debt Issues
Illustrado LIVE! Let’s talk UAE Law, Debts, Blacklist, atbp.Illustrado Live: You and the Law! Team Illustrado chats LIVE with Atty. Barney Almazar on the UAE Code of Conduct and how to address debt-related issues in the UAE
Atty. Barney is a director at the Commercial Department of Gulf Law in the Middle East, Philippines and United Kingdom. He holds Juris Doctor and MBA dual degrees with concentration on International Business and European Union Law (University of London). He is a partner at Avanti Gulf, a recruitment company with access to 400 firms and 16,000 recruiters across six continents. Readers can contact him at [email protected]
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I have a some debts on credit cards that I can’t fully pay right now, my company is planning to transfer me from UAE to a different country, I have the intention to continue paying the bank from the country of my new assignment, my question is if my company will have any issue if I dont close all my accounts before leaving the country?, as long as I continue paying my debts the bank should not fill a case against me correct?
Hi all. It is pretty serious leaving a debt behind. The UAE banks are tenacious about going after bad debts. They use unprofessional debt collection agencies who harass your family and even new employers. They attack you on social media.
I’m not talking about criminals here, just ordinary people whose circumstances have changed and who want to meet their obligations, but who need to renegotiate terms
When it comes down to it, here are 2 maybe 3 things that are important here.
1) you should have a professional negotiate your debts with your bank. DON’T do it yourself, you’ll end up agreeing to much more money, plus you will have the stress too. The CEO of Stirling & Partners negotiates dispassionately and understands the law, so that she doesn’t get affected by the bullying from the bank/collection agency
2) you may need an Interpol check. One unpleasant thing the banks do is reclassify your debt as fraud. It’s illegal, and it’s abuse of Interpol. But if you’re not in the UAE the banks know you can’t defend yourself. If they manage to get you flagged by Interpol for fraud, then when you go through an airport or even if a policeman runs a check on you, you can be detained while the authorities contact the UAE to ask if they want to extradite you. Often the UAE will say no, if they don’t think they’ll win the case. But they leave you on the list until they think they can win. If they manage to get you extradited, all bets are off. You have the UAE court system and jail sentence. 3 years plus stay in until the debt is paid
3) IF you are flagged by Interpol on a Red Notice, then Stirling can remove you before it can hurt you. In the ten years of the organisation’s history they have not ever failed with an Interpol removal. But very important to that is that she can show you are trying to negotiate. She will show all correspondence to this effect. Because if you are negotiating, it isn’t fraud. Not to mention the fact you have paid all your payments while you could Getting off Interpol’s list is important. Because if you did get detained and they tried to extradite you, that is very expensive. Getting off the list before that happens is far less so
For confidential advice email me on [email protected]
got to know more about banks and their ways of collecting debts.nice barry
Dunia filed a case against me. I was detained for one day and taken to court. The court fined me 4000aed which I paid. Are my depts cleared? Can the bank still file a case against me? Can ï have a travel ban. How to know if ï have a travel ban?
what police station did you go to?
same problem here. i have now a case filed by Dunia and will go to rashidya police next month.
My friend had a loan and credit cards from ADCB. She had lost her job and left the UAE straight away to the UK, where she lives.
She had made severals contact with ADCB to arrange a payment plan to continue paying off her debts. The Bank was very slow on sorting things out things. She also made several calls to the bank, but got frustrated since they never resolved her query. Three years after, she contacted the bank again and a team leader told her she could pay off the loan without the interest. ADCB team leader told my friend that she could enter the UAE for holiday or work, but she would be listed at the central bank one year after paying off her debts.
I find this very strange that she was advised by ADCB to enter and or work in the UAE, knowing she would be jailed by the police. Please, could you shed some light on this? They also asked that she send her ID with signature and picture to the bank before they can send her the payment plan.
Hi, your friend can make the arrangements to pay her debt. If the bank told her that she will be able to work and enter the uae, this means that they have not filed a petition for a travel ban or a criminal case at the police station. The fact that she is listed on Central bank does not mean she will be arrested. This will affect her credit and ability to borrow if she ever comes back. After paying the debt the record does not get removed immediately. It will still reflect for a time. She should take care to ensure that once she agrees to make payment, she should not default. Passport copies, bank statement for 3 months and proof of income (either salary slips or employment contract copy) are necessary documents when making a new arrangement with banks.
hi all, having had debt in dubai that i left behind and after far to many years tried to resolve i am hoping to provide my experiences to others in the same situation, to help hopefully avoid the pitfalls i experienced when trying to resolve my own situation i am happy to help if you need some advice please contact me at uaedebt at gmail dot com
Don’t take any loan from FGB if u take they will kill you soon.
Here am posting my story
I have loan with fgb,unfortunately lose my job and l return back to my native,after the fgb parson arranged agency here to collect the debt,now I don’t have job,I told the agency I will pay the amount after getting job,but they’re not agreeing now they’re are calling my father and using ubuse and harassing,my father was hospitalized due to mental harassment,now am planning to Suicide,
Due to Fgb’s harassment
pls provide your phone number wish to speak with you
I have a credit card and i failed to pay the minimum amount they keep calling me and they treating me that they’re going to file a case against me.
I’m planning to have a vacation this coming May,how can I know if I have a travel ban as I’m worrying and I dont want to stock in the immigration.Please help me what i’m going to do to know my status.
Recently i had 2 police case one from Rak Bank and another NBAD, i cleared my credit card from RAK bank, they had given me the clearance i went to rashidiya police station and cleared it but they said i had already one more case in Sharjah, so they had taken me to Sharjah Corniche Police station. There they deposited my passport and let me go and told me to clear the case from NBAD. When i contacted collection dept they are saying to pay full amount of 40000 i do not have know. Some people are saying tell police to present you in the court, judge will put you fine and let you go as you are having only one case. I do not know what to do.
As i had to travel urgently.
I have taken Dunia Loan about 25K with return 50K in 4 years. 5 month before I was lost my job and travel back to my home country. In these 5 month, I missed all Dunia Payments, They present my securty cheque to my bank which was returend. Now after 5 month I plan to go back Dubai as I have job offer. But no sure I will arrest in Dubai Air port or No. Some one says if case in court, I will finned some amount like 1K to 5K, some says I must need to pay full amount to dunia.
Any one who have face same ? Please guide. Thanks
i am an ex dunia employee…yes you will be caught at the airport….u have to pay the full amount inorder for them to give u an noc
i have taken a loan in dunia fenance and have a credit card and i got over limit my credit limit is 59k derhams.and i got 61800 derhams.and due amount of 5800,what would will be happened if i cannot payed the amount of 5800 in 1 month becouse of financial problem.can i go to jail?please give me a an idea?Thank you
being an ex dunia employee, do you have any idea if dunia can file a case in philippines or do something to the person who took the loan if she do not go back to UAE
With the dunia finance loan and credit card payment, is it possible to exit UAE? and come back? this is due to change status?
they will file a police case only and deposit your passport in the police station.. but the problem with you, you will come on tourist visa.. company cannot apply for your employment visa if you have any pending case.
Dear Attorney Barney,
Tatanong ko lang po kung pag po ba may utang ang isang tao sa isang bank tapos, na terminate siya? Ano po ang gagawin ng bank sa tao kung sakaling kulang ang pambayad niya? May karapatan po ba ang bank na kuhanin sa company ang lahat ng matatanggap niya at ito po ba ay legal? Sana po matulungan ninyo kami para makatulong din po kami sa iba at maipaliwanag sa kanila..
ano na po nangyari? may possibility kasi na matanggal din ako. and may utang din po ako credit card
Dear Sir Barney,
i left Philippines with having unpaid credit card there and one of the agency contacted me recently that i will go to jail or police will catch me here in Dubai if i am not pay my credit card. It is possible that i will go to jail here in uae even my credit is in the Philippines?
Hoping for your possible answer soon.
Hi atty Barney
I just wanted to ask if I can go for vacation if I have problem with m credit card payment, if they can hold me to the immigration?
Hi atty. I have credit card loan at FGB and have a late payment for 2 months. Pero kahit late payment na po sya, i ma still paying my dues.
Now, due to late payment, they told they will file a case including travel ban.
How would i know that meron na akong kaso at me travel ban na ako? May emergency vacation po ako next week and might afraid na ma hold ako sa immiration.
Looking forward for your quick response.
Thank you in advance.
hi shay naka proceed ka ba sa vacation mo?
hi i have a balance due of 1500 to fgb. i received an sms that they will file a case for me and travel ban as well. it is 6 days delayed from today. is it true that they will do that. thanks
Good eve attorney. Canyou please contact me in my mobile. Iam in trouble
Paano mallaman n may nfile n civil case ang fgb?
I have the same prob. With fgb…
Hi Atty. I failed 2 months payment due on my credit card loan payment on FGB. Pero nagbbayad po ako kahit late due na sya. They told me that will file a case againts me including travel ban.
How would i know na me kaso na po ako? Paano ko rin po malalaman na meron akong travel ban? Nag iinform po ba ang bangko in case of that?
Punta ka sa kahit anong police station, ipakita mo yun residence visa mo at sasabhin nila syo kung meron o wla… pero kailangan mong bayaran at wag pabayaan kc may civil case ang FGB..
Paano mallaman n may nfile n civil case ang fgb?
I have the same prob. With fgb…
hi sir jack nabasa ko mga comments niyo ang dunia po ba ngfafile ng civil case? i have my friend kasi n nabaon sa dunia at echeck niya kng my file case n s police. deposit mo lng po b passport pra dika ikulong? then after that hearing ng court then bayad ng fine?. after that po b wla na? i mean pwde ka ng makauwi? or ngfafile prin sila ng civil case?. thanks po.
my husband still have outstanding loan in the back… but had new opportunities to other country.. our problem can he exit this country Dubai? me still here in Dubai working can i pay the loan balance monthly in his name? or transfer to my name as a guarantor ? so that his name will be cleared and can exit nicely?
I have personal loan in uae around 49000 and now my company terminated me. But i got job in saudi arab.so, i just want ask can i pay same installment from saudi arab or i have inform to bank in uae.
I have a criminal case and sentence for 3 months and deportation.. I also have a credit card and loan from dunia.. Im paying my dunia but its always late because i dont have a job due to my case.. My question is are they gonna hold my deportation because of my loan or i will stay here and pay for it? But how will i pay if im in jail for 3 months and no job for almost 10 months? Please help me
My husband is currently in jail due to non – civil related case. I’m under his visa/ sponsorship but since he have to spend some time in prison, I assume he will lose his job soon. He have a loan which is automatically being deducted from his monthly salary and since he will surely lose his job, my concern is, will it be possible for me to pay this existing loan instead? If it is, should I contact them and tell the whole situation and arrange how will I pay them on my husband’s behalf so that my husband won’t have any unsettled debts with his bank. Please advise and thank you in advance.
I just want to ask, I have this friend of mine who borrowed money from me AED 3000 last year and until now she is not paying me due to many reasons. Is it possible to file a case against her even I don’t know where she works and live now. One thing is for sure she’s still here in UAE and trying to avoid me.
i took the personal loan from dunia finance 19000 with credit card 5000 dhs in 2013 and i was paying on time thatswhy they increase my limit till 55000 and then after a year 2014 one agent recruit me and asking for bussiness loan then he settled all doc and applied for loan 30000 approved with 2500 dhs credit card now i have 2 loans and 2 cards 2500 dhs card limit 82000 now im not able to pay then i went to them for asking settlement my total amount was approx 200000 but they want to consolidate giving me 1 more loan with total interest double 200000 extra means 400000 total now my question is what they can do with me.otherwise what is the best option for me
Hello.. May i ask if what is your status now on dunia..
Dear Atty. Barney,
Good Day! I have recently got a legal notice from a law firm tied up with Ajman Bank which I have previously got a credit card with a credit limit of 4500 dirhams. Year 2011 when I got jobless and could not pay the said credit card. Then by year 2012 I got a police case from this bank. Since then a collecting agent ask me to pay more than 5000 dirhams which I told him I could not pay the full amount. Then from the Dubai police station they told me to go directly to the police station and pay there the certain amount that the bank declare. So we go there and pay the amout of 4500 dirhams giving us the receipt and clearing my name in the system. So by that I conclude that I have paid my obligation in the bank. The just this week I have recieved an emai from a certain law associates that I have outstanding overdue of 4289 dirhams. Without using the credit card for more than 3 years. What is the best way to do?
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Dear Mr. Barney,
I have been unable to pay my credit card and personal loan from last 5 months due to loss of job recently i got a new job but the payments have gone up with fines and late payment charges my current salary os not enough to suffise even the minimum payment I have FGB CARD – 40000 AED & ADCB personal loan 40000 aed the bank is going to file a case against me..What i want to know is if i pay fine in the court will i be able to exit the country after that or not
I just went to the court i keep in my pocket 6000 incase that they will ask me if i have money.
the difference is you have 2 banks.
i suggest go to fgb and tell your situation they will give you option.same in ADCB
better to ask immigration ..because after paying fine their is another case which is civil case.
hello po, can you please advise.. i have a frend.. may loan cya sa adcb 87k.. now she got pregnant po and was forced to go home…so hindi napo nakabayad.. she is jobless now for almost 2 years.. yesterday may pumunta po debt collector sa kanila..demanding harassing and all sorts of embarrasment… now she awanted to settle the loan on a lumpsum amount… how much po kaya pde nya inegotiate? she wants to come back to uae sana para magwork ulit…
kindly share your thoughts..thanks in advance.
well karamihan dito sa uae may problema sa loan at credit specially sa dunia finance 39.99% interest except hidden charges, my loan at dredit din ako sa dunia kaso mas lalo akong nalulubog kasi kahit di ko na hinagamit ang credit ko my mga unexplanable charges na magugulat ka nalang i know na may monthly interest at over due payment so dun palang is nasa 900 aed na pero kung titignan mo ang statement of account may mga iba pang charges na alam mo ipagtataka mo then pag tinawagan mo sila paliliguy liguyin ka sa explanations nila,
minsan naiisip ko na rin takasan, or else titiisin ko nalang makulong kaysa bayaran ung amount na lumaki dahil sa charges nila,
kung tatakas ka naman ung address na binigay mo pupuntahan ka nila pero may other option para dyan bago ka magwithdraw make sure na di sakop ng dunia ang bank na pagwiwithdrawalan mo para di ka matrace.
thanks po goodluck sa ating lahat.
Hi, I’m planning back t go to Dubai next month, my worries is if I have any travel ban because of my credit card unpaid balances last 2010. my question is, can I travel there and leave my passport at the airport for assurance that I will pay my depth and arrange to the bank for necessary payment. Please advise.
Can I have your contact details as well atty. I might need legal help
Dr Atty Barney,
My concern is regarding my husband’s situation. Since early this year we are receiving emails from collecting agents from the philippines and telling my husband his unpaid bank loan in Samba Bank in Saudi Arabia. We hasnt able to pay this loan since he deported from the said country on Feb 2012. So as we replied back to the emails of this collecting agents we explained to them that he didnt run for his responsibility instead he was forced to send back home by deportation. And now they are threatening my husband that they will file a case here in Dubai. Is it possible that he will have a case here since the loan that he borrowed is from KSA? And does he really need to pay that loan because as far as we know once you are deported everything will be cleared.
Awaiting for your immediate response. Thank you so much.
My concern din poh about poh sa deportation, once poh ba na ang verdict sayo ng judge is 3 months jail and deportation at my loan ka dto ihohold ba nla ung deportation mo para bayaran ung loan mo? Sa ngayon poh kc hirap ako magbayad ng loan ko dahil wala ako work..
Hi kaj same tau situation. D ko nbbyran ung loan ko for 1 1/2 years. Problema ko ngaun bka I detain ako sa immigration. Kinulong k b. And after that I dedeport ka?
I have personal loan and my company was closed. I willing to pay the loan amount without the interest or it be possible to less my liability. And who is the right person to speak of
in which bank you have loan..
Ask ko lang po kung is it possible na mahold ka sa Pinas or in KSA if you have unpaid credit card for only 3k dirhams? I have a credit card before and unsettled the amount of 3k dirhams and a letter from Philipines law firm sent to my company and demanding an amount of 300k plus for all interest and penalties. I don’t have that big amount and could not be reasonable for only 3k credit default i need to pay 300k plus?
What will be the best thing to do?
Thank you so much for you advice.
Bro what happen to your case…natuloy ka bang umuwi for vacation? nahold ka ba sa Airport?
ganyang rin problema ko kasi sa Dubai at narito ako ngaun sa Qatar…need ko mag exit this Nov. natakot ako maghold sa Airport?
Magandang araw po sa inyo,
Me problema po ako sa Dubai, unpaid credit card at unpaid loan kinasuhan n din po ako… ns Qatar po ako ngaun plano ko po saanang magbaksyon s Pilipinas pro nag aalala ako na possible po bang I hold ako sa immigration dahil ditto? Matulungan po sn nyo ako salamat po…
Ano na po status nyo ngayon pareho din po tayo ng case reply nman po salamat
Dear Mr. Barney,
I have loan & credit card to Dunia, due to financial difficulties I have been late in payment for both in the past 6 months but not missed payment monthly. Recently, I received sms from my bank that cheque amounted to AED 55K was en cashed under my account but bounce because there is no fund. I suspected that it’s the guarantee cheque I have given to Dunia. I’ve been in constant communication with their staff and I’m doing my best to pay them monthly though it is late. Can they file a case to me because of these matter or can they prevent me from leaving UAE if ever I want to have a vacation?
So far, they are not telling me about filling a case I’m just worried that they might do that.
Can you advise please.
Madam mary parehas tayo ng sitwasyon ano na po nangyari sa inyo ako po balak ko po sana takasan nalang kasi wala na po ako maibayad eh
mas ok kung di mo sya tatakasan kasi ang alam ko connected nadin sila sa pinas madali kng m akikita.ive been to the court last june26 they me fine 6000 for cremical case my concern is if i am allowed to travel to philippines after creminal case.
mas ok kung di mo sya tatakasan kasi ang alam ko connected nadin sila sa pinas madali kng m akikita.ive been to the court last june26 they give me fine 6000 for crimecal case my concern is if i am allowed to travel to philippines after creminal case.
Hi Ms rubie, ask ko lng po ano na pong nangyari after nyo po bayaran ung fine?. Same prob. Po kasi ng kaibigan ko. Just wanted to help lang. My ksamahan kasi ako s work ngsabi n after paying fine s criminal case wla n dw un mdmi n dw siya kakilala n nangyari n ganun. So ganun nga gnwa ng kaibigan ko.hnd niya n binyaran kasi 80k po s dunia cc. And 2 years niya ng bnbayaran still 80k prn po ung amount. Victim lng po din siya. So ang gusto ko lng malaman sana s inyo kng ano n pong nangyari at kng mgsasampa p ng kaso?.ang sabi n nmn kasi nung kakilala ko is pwde n nmn dw sila mgfile ng civil case. At diko na magets kng bakit. Salamat po.
hello po, kumusta po ung dunia niyo after mgfile ng case at ngfine kayo ng 6000?. okay n po b un dina po kayoi hinabol ng banko? sabi nila kasi my civil case p?. thanks po. godbless
Nsa uae p rin po b kau? Pano po b ggwin ko. Blak ko sna umuwi ng pinas bka I hold ako s immigration.
May I ask kung ano na status nung sa dunia mo? Same situation kasi tau.
Wha happen po sa case nyo? i have same situation din po. thanks
Same situation rin poh.. Un nga lang poh kinasuhan ako ng amo ko, 3 months jail.. Tanong ko lang poh if mahohold pa ba ung deportation ko dahil sa utang ko sa dunia or mawawala na un?
I have same situation din poh
My farther in police jail right now due to below issue,
He worked in Duabi 11years ago and was paying for personal loan,however once he was on my back home vacation, due to mothers illness, planned to resign and sent letter to the company.
He was entitled for the 7years grativity so he asked company to deposit that on his bank account to cut his loan. He came to UAE for 14 days visit after 11years of this matter and immigration put him on jail. So they going to put him in court this Sunday.
We would like to know ,now what will happened to him.we are ready to pay full amout. Will they release him.please please if you can give faster reply thank you
I am a Credit card and a loan defaulter, left Dubai in 2012 as i have lost my job so i had to exit the country at that time i Had an out standing loan of AED 40000 total from 2 banks and Credit cards of 35000.total from 3 banks
I now wish to go back to UAE to seek employment. and be able to pay back my loans .
I do not have a job offer in hand. But planing of visiting dxb.
What will be my situation when i arrive at DXB airport ?
Will i be able to look out for Employment while on visit … ? will i have to spend my visit in Jail ?
We have a same situation.I just want to ask kng nakabalik kb ng dubai?panu ang ginawa mo!salamat
Yes makukulong ka po. Kung meron ka nang pambayad pagdating mo pa lang ng Dubai, go ahead. But I think you have to communicate with someone, sa bangko na pinagkakautangan ko kasi for sure, lumobo na yung utang mo.
Are the above Financial Assistance who offering loans are reliable and helpful, we need to be sure also, We are dreaming to be out on worst situation, not on a more worsts.
It’s always better to take caution and be very very thorough when availing of loans and financial assistance – even with established banks and lenders. Be sure to pay attention not only to the interest but contract terms in fine print.
Hello ms. Desiree Orodio,
Same lng tayo ng situation, ask ko lng po kng my ginwa npo ba kayo legal matters. Or if you want po hanap tayo n pwdng tumulong stin.. I mean kng my pao dito
Magandang araw po sainyo. Hingi po ako ng advice sainyo kung ako po ba ay mahohold sa airport gawa ng may nagfile ng case sa akin na kabayan din po. hindi ko pa po alam anung klaseng case po un pero regarding po yun sa pera. pinapalabas po nila na ninakaw ko ang pera sakanila pero ang totoo po sinali po nila sa investment company.ngayon gusto nila irefund ang pera pero alam nila na di ganun kadali magrefund ng pera ang isang investment company.hindi ko po kayang ibalik ang pera nila gawa ng maliit din nmn po ang sahod ko.kahit anung paliwanag at pakiusap ko saknila sarado na po isip nila pra sa akin. humihingi po ako ng tulong kung anu po pede ko gawing aksyon.nagkataon pa po na may emergency leave po ako pauwi ng pinas pero babalik din nmn po ako kaya natatakot po ako na baka mahold ako sa airport dahil sa case na un.
Sir pakireplyan po ako asap kasi tlaga pong naapektuhan na ako s nangyayari.
Salamat po ng marami.
If you have a police case, the immigration will not allow you to leave the country. The airport security will escort you to the airport police who will in turn bring you to the police station where the case has been filed.
Regardless of the type of case filed, you will be handcuffed while being transported too the police station/prosecutor.
To be able to resolve the case, you should enter into an amicable settlement with your creditors. If they do not respond to you when you meet them, I suggest that you send them a formal offer of settlement where your defenses (if any) and terms of settlement are clearly presented.
As ko lang po sa case ng kilala ko meron po kasi syang financer then ung friend ko pa ang nghahanap ng mga taong uutang para naman kumita ang financer. May pautang po sila na 10%. Sa tuwing naka collect po ang friend ko binibigyan po sya ng 1% dun sa nirereremit nya. Wala po silang agreement or kasulatan na nagbibigay po sila ng pera pero ang friend ko may mga times na nagreremit sya thru exchange at sya minsan nagbabayad s credit card ng financer. Kaso po may mga taong tumakas at hindi na nakabayad sa knya which ung friend ko na ang nagbabayad for interest until sa ng blown up na ang amount. Na mis manage na po ng friend ko ang cash flow and wla na po syang ma collect at ma remit sa financer. Ung financer po is nag demand na ng payment which ang sabi ng friend ko is mag start mgbayad by next yr since meron pa syang dpat byaran. Kaso ng threat na po ung financer na sya ay ipapakulong at ipaptanggal sa work, lega po ba ito. Wal naman po blak tumakas ang friend ko at handa nya harapin kung ano ang mga consequence. Yung iba pong gold ng friend ko bingiay na sa financer kaso wla pong received paper.
Please advice naman po
totally useless. dubai always ask for a proof before someone can put you in jail.
How long does it take between the time a bank gives your delinquent credit card information to a credit agency and they file a police report? I have unpaid debt in the UAE through NBAD and am working in the Gulf (not UAE). I am worried about a travel ban and being arrested at the airport as I must go in and out a few times a year. PLEASE respond to this…
Good day attorney,
i am seeking for a legal advice,i am still currently working here in dubai,
for some financial difficulties i failed to pay my loan and credit card in dunia. they already file a case against me and i been in the jail few days back,i had my passport with me that day, but still they not allow me to go out,and i stayed inside their custody for 1night and 1 day.in order to go out they retain my passport and instructed me to wait for the call for court hearing…
today i got a call from dunia collection dept,they ask me what happen,i explained everything with what happen,but unfortunately the person whom i talk with is very harsh and keep insisting to pay my liabilities….and just want to share that before this case happen i keep communicating with them for restructure of payment,but unfortunately ,obviously they don’t have a good communication between departments and they filed this case,…
attorney what they are doing to me is like harassment on my part and stressful , plus the treath of filing a civil case against me and i will be deported,please help me with your legal advice…i am not turning my back with my liabilities its just so happen that I’m in a financial crisis this time and they did not agreed the restructure I’m asking for them but instead they filed the case,please help me and i will wait for you reply.
thank you so much in advance.
hello ms blue angel, any update regarding your case with dunia. kasi ako default na ng mga ilang months, i ma worried because i dont have the capacity to repay anymore, this dunia finance has too much interest and you keep on repaying but its like nothing was deducted from the amount. please leave a reply. thank you
I suggest that answer their call always and explain your side always.
they will be tired asking you same question . its their job to collect the payment.
be strong dont beg to them if they will feel that you are scared they will scare you more.
if you will not answer their call they will report you to police..
i have bad experience in dunia and now i get use to it.
I hope you can help me.. I also have loan on dunia..and a credit card which i didnt pay for about 3 mons. now.. Then they told me to combine it into one loan.. Are you aware of that can you advise me what to do.. I still have 2 years pay my personal loan .. Thank you
Hello maam. Just wanted to ask what happen to your case because i am in same situation but they not yet fiked a case againts me. I am afraid that i might be deported for this dunia haram
They will not deport you,be sure u have 6000 in your pocket for the hearing so u will not be jailed.
Hi I do have the same problem po for Dunia credit. I asked them to close the card and i will pay partial, but they don’t want to agree
Dear Attorney Barney,
I have real estate case/ 2014 . I appeal many times in sharjah court and some of my payment
With receipt against cheques Has been honored . Other original cheques with me which returned
By real estate manager is included in the filled case. I don’t have proof I paid for that but I have
Now the orginal cheque. I can’t find it because I was jailed before and my filles is mess up when
I came back from release in prison .The judgement amount is 77 k after finalization of
The presentation of the payment receipt. It take time to make an appeal. I cannot wait longer
Now because my visa already expired and our Hr department asked me to clear ASAP to avoid
Fines. ..I don’t know what to do? Is there a Fine for my visa application , since there is case
Found. How much will be the penalty.
How I will approach the judge to get the release of my case. I prepare a settlement plan of
Payment like this. 10 k I will pay December, 4 k I pay 2nd month and balance paying monthly
Until it finish. You think if I have settlement plan,. Judge will give me release in order to process
My visa, Please advise how Im going to clear this. Please advise.
Dear Attorney Barney,
I got loan 5 k to my office mate and sign half blank paper that I receive 5 k. year 2014.
First 3 month I manage to pay the interest 10% -500 aed monthly. Until it I cannot
Pay anymore due to problems occurs which affecting my funds. Sept 2015 I promise
That I will finalize to pay.Unfortunately, I was not able to solve it. She harass me a lot.
Until she used the paper that I signed as treat .there is vacant space on the paper
Where I signed. She fake my handwriting and write there on the blank space that im
Authorizing her to collect my salary September and october’2015. I was shocked when
My boss show her email from her boss. After validation of the handwriting they found
Out that it’s a forgery. She falcificate my hand writing. . I Showed all the sms conversation
And proof of calcultation charge from the pending interest + capital , then they will
Compute the interest. October’ 2015 she sms me that she will deposit my blank cheque
And luckly she only put 5 k. I beg her to hold because no fund.She still pursure and
Bounce my cheque. I receive lot of land phone call and mobile. I only pick up and return
Call on her husband mobile which she used to missed call , but they didn’t answer. She said
she file police case. The following day she sms me and telling that, “ if didn’t arrange 5k
early morning she will file a case a.
please let me know if police will catch me in the office , can I defend my self and tell
police prosecutor that the money and cheque is from money lending . Can I tell police
the falsification of document and harassment.
What will I do ? please advise.
I worked in Dubai from 2001-2004. I left UAE in 2004 with outstanding loan from Dubai Islamic Bank. Recently, I got a job offer in Saudi Arabia and the my agency told me that my plane going to Saudi Arabia is Emirates Airlines. Will I be detained in Dubai Airport? Please reply asap as my flight is coming.
I worked in Dubai from 2001-2004. I left UAE in 2004 with outstanding loan from Dubai Islamic Bank. Recently, I got a job offer in Saudi Arabia and the my agency told me that my plane going to Saudi Arabia is Emirates Airlines. Will I be detained in Dubai Airport? Please reply asap as my flight is coming.
how come i have before unpaid credit cards in UAE almost years ago, and now im here in Jizan, KSA..
it is posible to trace me via banks or immigration.
also its posible that bills now get bigger too much? as my account unpaid credit card and loans?
a.k.a Mr. Porfirio Banaag
Dear Mr. Barney,
I took a credit card last 2013 and applied for a a quick cash for 12 months. Unfortunately, I wasn’t able to pay for my ist month installment and the quick cash that i applied turns into purchases, so it became as a normal purchases that i need to pay amounting to 9000 dhs. instead of having a monthly installment of 600 dhs monthly. I was not able to pay for 3 months since I was on leave in the Philippines that time, so the interest, penalties got accrued. Now, my problem is when i get back to Dubai, I paid some amount only coz I just started to work as a new employee then I was out of the job after 2 months. I did not pay my CC dues til it became overdue, overlimit is already there coz of non payment. Then I found a new job again but my monthly due is too much that I cant afford to pay it, so what I did is I just paid some amount. The next month, my employer was not able to gave me a visa so i left the work. After, I was not able to pay my credit card bill for a month again then I found a new job, i just started last Oct. 1, 2015 and my CC due is on the 5th of Oct, I did not pay but the bank told me to pay some amount to cover the monthly bill. I have an emergency in the Phil that I need to go for an emergency leave, will I be stopped at the immigration? Please I need your advise asap as I will travel the next few days.
I had barrowed with a loan shark with 20%per month interest ..i gave my passport as a guarantee.i am not able to pay him due to sudden financial difficulties.he says he already report me to the police.what shall i do..is that means po punta na ako sa jail?
Hi Atty Barney,
i have personal loan in dubai last 2010, i left dubai due to resession that time an i lost my job. so i went back here in philippines, my concern now i recieved call and email from collection agency here they told me they going to file me a case and hold departure in airport. my loan is less than 30,000DHs..i was shocked when they sent me an email 258,000dhs..and the agency here is harrasing me to pay the big amount..where i can get that amount?..im single mother..im only one working to fed my family..
please i need your advice..
Sir I have police case against my credit card 10000dhs in ADIB. But still I am working in UAE but somebody called me from abudhabi police I want to visit there. Already some body contacted me from ADIB I agreed I will pay with two installment. They are also agreed. So please confirm police called me for arrest or some other office work.
i have a salary loan at dubai islamic bank,and 2 closed accnt at etisalat internet,and i didnt paid it until now.i lost job this month,but i still want to get work here in uae.i know if i got job i need to exit and comeback’;”my question is?if i got a new employer there is a problem for my exit ?pls advise me thanks…
Ako po ay limang taon nagtatrabaho dito sa Dubai sa isang private company,ang problema ko po ay meron po ako credit card sa Mashreq 26,800,due to finacial problem po sa pinas 2 months po ako hindi nakapagbayad,ngayon po nakakatanggap ako tawag sa banko at tasheel regarding sa payment ko nakiusap po ako sa kanila magdeposit daw po ako kahit 1400 so ginawa ko po nanghiram ako ng pera sa kasama ko tapos June 29 nakapagdeposit po ako ng 500 then July 2 nagdeposit ulit ako ng 1500.so nagpromise po ako sa kanila na magbabayad po ako dapat kahapon kasi may inaasahan po ako pera kahapon kaso hindi pa po na process yung cheque ng manager ko po bali ngayon 6: 00 pm palang niya makukuha.But i receieved an email sa tasheel that i need to pay the full amount r else they will file a police case.anu po dapat ko gawin sa ngayon kasi po inaantay ko lang po marelease yung pera ng manager ko by next week.im worried po kasi dahil babaksyon po ako next month para bisitahin nanay ko may sakit dahil 3 years na po ako hindi nakauwi.
Atty.could you please advise.
Dear Attny. Barney
Ako po ay nag trabaho dito sa dubai sa private na company…..ang problema ko po ay sa realstate,hinde po natuloy ang paglipat ko sa appartment na dapat sana ay lilipatan ko.ako po ay hiningian ng apat ng checque para sa 1yr contrack….ang una po cheque ko ay nag kahalaga ng 26tw dirhams…..pero nag bounce po ang check ko sa kadahilan nag karoon ako ng financial problem sa pilipinas.kaya naiisip ko po na bayaran muna ang penalty ko sa realstate para sa bounce check,ako ay nagbayads ng 2tw dirhams….pero patuloy ang araw nakaka recieve aq ng tawag sa realstete na gawan nila ng case ang bounce checque ko pag hinde aq nkapag bayad.kya ako po ay natatakot…..after po ng 2 months simula ng makuha ko ang tenacy contrack ko….naglakas loob ako magpakita sa real state para sabihin na hinde ko na ittutuloy ang pag upa sa apprtment,sinauli ko ko ang tenancy contrack at nangako na sa 2months na hawak ko ang tenancy contrack ay bayaran ko ang maginag penalty ko sa realstate ,e2 ay sa halaga na 15tw dirhams,pero 2loy pa rin sila sa pagbabanta sa akin na ako ay ipa block nila sa duabai para ako ay hinde maka uwe at makalalis,,,,,natatakot po ako kc hinde ko siguroado ma full pay bayaran ang 15tw sa isang buwan na hininge nilang palugit sa akin…..ako ay nka plano mag bakasyon ngaun July 12 2015,ang tanong ko po paano ko malaman kung may case na nka file sa akin at para hinde mo masayang ang air ticket ko na nka book na sa darating na bakasyon ko…sna po ay ma reply ninyo agad sa akin ang kasagutan, sa email ko [email protected]
maraming salamat po!
god bless po…..
I have a credit card and a personal loan from Dunia .i am paying them every month but late yesterday one man from DUnia called and told that he is going to file apolice case if am not paying it yesterday it self an amount of aed 2900 minimum .As i havent get my salary i was not able to pay it yesterday .Can they charge police case against me ?
nais ko lang pong idulog sa inyo ang sitwasyon ng asawako about sa loan ny at credit card..may loan po siya sa dunia (50k dhs) na hinde na nabayaran due of financial problems and lost of job.at sa FGB naman po ay credit card arouind 40k dhs na lumaki ng lumaki dahil sa interest at penalty.siya po ay nakulong na ng 2 beses dito sa AUH at nagbayad ng fines na 1000dhs at binigyan naman po siya ng clearance ng police.
Attorney ang tanong ko po makakauwi po ba siya?balak po kasi nyng magbakasyon dahil hinde pa ny nakikita ang anak namin buhat ng pinanganak ko..Hinde po ba siya mgkakaroon ng problem sa immigration?
Sana po ay masagot nyo ang aking katanungan..
Hi po Sir jhuls important lang po pwede ko b kau makausap regarding sa post ninyo. pwede nio b aq email.
email add nyo po mam liza..
Hi Juls ,
Na-clear na ang husband mu sa debt nia after nia makulong? Kasi same situation din ako. Wala ako pambayad sa banko kaya i need suggestions on what to do. Hope to hear soon .
helow po,,hinde pa po na-clear pero binigyan siya ng clearance ng police,,eh nagwoworry kami baka mamaya maharang siya sa airport..Kayo po ba na-clear na?
Hi jhuls & liza, same situation here. Nid ko po ng suggestion dn.
Hi mhe jhuls and liza…same situation here..any suggestion please..thanks
same situwation madam, sir, meron n po ako police case. ano n po nangyre?salamt
Pag nakakkuha na po ba kayo ng police clearance at immigration clearance after nyo umattend ng hearing 3k ang binayad ko sa court. . pwede n ba kayo mag bakasyon sa pinas kasi nag file ng case ang dunia sa akin for one monthly installments pero sumunod na month nag double ako ng bayad para marecover ko yun late ko then continuesly monthly naghuhulog na ako pero di pa rin ako makaapply sa bank Lagi reject apply sana ako buy out para sa dunia
Hello po… sir juls ano na po naging update sa prob. Ng asawa nyo…
The same case po ksi kmi…
Babayaran ko pa ba yung remaining ko 9 month na balance ko sa dunia after na umattend ng hearing salamat po reply nman po
I get 200k from different credit cards beacause of not paying my salary I am not able to pay from six months bank file police case on me and travel ban what I can do I want to do job as well
Dear Atty. Barney,
I had been terminated from my job within my probationary period and I have pending personal loans and credit cards payments that I still need to settle.
I have been paying for the credit shield on my credit cards as it has been offered that in any event of accident or involuntary termination of employment, the credit shield will cover for any outstanding charges on my credit card. I have applied for the credit shield but it has been declined by the insurance as reason’s for termination is due to not meeting company’s requirements. I have asked the bank to reconsider since I have availed the credit shield due to the information provided by their telesales that this can help in the event of accident, death or job termination. But now they are rejecting the application for the credit shield because of the some clause which I am unaware and was not clearly informed by their sales agent.
As the credit card came along when I had my personal loan, I am not sure if there is something that I have signed in the terms that states these credit card shield clauses as the bank has not furnished a copy of the loan agreement that I have signed. I guess it was very stupid of me to trust the bank’s telesales agents that they will be honest in providing clear situation and terms. It seems there are hidden clauses in the terms and agreements which does not coincide with the information being provided by the their sales agent’s. They will provide general information of the services but does not really discuss the if / buts and other clauses of the services which does not seem be beneficial and paying the credit shield amount seems to be just a waste of money. It is quite frustrating now for a person who has been terminated and has no job yet, then still need to worry about these outstanding debt when all the while I thought it is covered through this credit shield service.
I have no intentions of running away from my debt and I have no issues of settling any transaction if I had been told of the correct information from the beginning. I feel like I had been robbed by the bank by letting me believe that the credit shield can be very beneficial to me and can be my support in the event of any financial crisis.
I understand the credit shield is an option and I would like to know if there any way I can complain the bank for misinformation and request them to refund me for the years of paying the credit shield on my credit card in case they will not reconsider approving my application. Do I have a chance to get a refund on my credit shield payments over the past 2 years due to misinformation by the bank? Can I complain the bank to Consumer Rights?
I would greatly appreciate your response on the above concern.
Ang company po namn ay nagclosed so kaming lahat ay terminated january end 2015. Up to now unemployed po ako at hirap makahanap ng work. Ang problema ko po ay may outstanding loan ako sa mashreque at mga cc card na hinde na updated sa bayad 4mos na ngayon. Madami po tumatawag sa akin na para maningil at sometime po tinatakot ako tungkol sa
visa at mahirapan na daw ako makahanap ng work if me police case na ako kng hinde magbayad. Paano ako makapagbayad ala na akong work at pera pangbayad. Sa ngayon residence visa pa ako at balak sana mag husband visa at baka hnde na matuloy kng me case na ako pero d pa ho sigurado kng meron na talaga. Natatakot na ako Please advise me kasi hnd na ako comfortable sa araw araw kng buhay dito sa UAE traumatize na ako kng hinde ko na totally mabayaran ang cc at loan kng ala ako work.
I have a friend who is in trouble she borrowed 4kaed in her friend with 10% interest her friend took her passport coz she cant pay. Her friend is telling her if she cant pay all within in this month she will send her on jail..? Iis it possible that my friend will go to jail if she cant pay..
I worked in UAE since year 2004 and left the country 2009 cause i lost the job, i left 4 credit cards with only minimum of 2k dirhams to 6k only and not able to pay it cause back home i dont have work, im receving call from a person asking me to pay the debt but that time i really dont have money to pay it so i just ignore all of them. Before I left the country i sent back all my cards(broken) to the bank address and a letter that i lost the job. Now I need a help, Im here now in Canada applying for my residency My sister in dubai apply me a police certificate cause I need it, but when shes there in the police station, they didnt gave and hold it cause need to pay for my debt. Is that mean they filed a civil case for me, Do i still have a chance to get a Police Certificate cause i need it badly, it was 6 years ago Sir, what will I do? I really dont have any idea what bank i need to contact with to settle, I ask my sister to ask which bank are complaining. Please give me a good advise.
Hi anet,, Im mr,Renato .we have the same scenario,can you please us what is the situation,im here in new zealand right now.applying for NZ residency,thanks
Dear Mr Renato, this is Levi of Tahseel. I am handling one of your credit accounts in UAE. I wish to help you regarding settlement of your account. You may contact me at 00971 65193676 or email as shown below
Dear Mr. Barney,
I have got an employment opportunity with a Semi Government Organization.
They have requested for my Passport/ Visa copy and Attested degree certificate in order for them to get security clearance.
My question is whether I will have any problems since I had 2 cases with the bank due to credit cards although I resolved them and got police clearance.
Kinldy advise if the security clearance involves looking at Financial history.
Thanks and Regards,
John, can i get you contact number? I want to ask about how you got thriugh with police cAse.
do you know about imprisonment conversion, if anyone not able to pay fine as:
I did not pay my credit bills for last three months (feb,march, april 2015), and now I want to come to UAE to find a job. what do you think did the bank file any case against me already? it has been only three months since I left the UAE and stopped paying credit card bills.
a have an outstanding loan and credit card with total amount of 65k dirhams.the loan company offers me a consolidation payment to make my loan and credit card into a singe loan and they requested me to submit the required documents for re-processing again and paid 3K as advance payment. but unfortunately the loan company sent me an email saying that they demanded the full payment of the total amount of my loan and they will file again a police case and sent information to my company and to UAE immigration.
pls.I badly needed your advise asap.
I have more than 200K AED personal loan/ plus unpaid 2 credit cards in UAE before 1 year, and now I am here in the Philippines, due to family reason, I was force not to come back to my job in UAE… Atty. Barney… I have 4 questions only and need honest answer Atty.:
1. Can they file a case against me in the Philippines, even of the loan happen 16K miles away from our country, UAE? and what kind of case this would be? (Criminal or Civil Case) I believed BP.22 (Philippine Law) is not applicable to this as the check use/issued was a UAE checque is that correct? plus and what are the possible judgement of the court as this is civil case? (Under constitution of Philippines the shall be NO Filipino be in jail because of indebtedness.. can you conquer on this please.
2. What are the common judgement of the court in UAE in case they file it to UAE court, can they implement the judgement in the Philippines? What course of action shall we do if this happen… Is the law of UAE applicable to Philippines? I believed we are sovereign country having own constitution.
3. Can they force to get any property on me? whether real estate or tangible assets like car or golds as collateral?
4. What can we do regarding collection agencies, are they entitled to contact family members, I think collection agencies are separate entity not related to the bank, a company with its own business… Can a collection agent file against on me? or that is just a mere threat.? if it is a threat, can i file a case to them for harassing me and family in the Philippines.?
Please advise for the knowledge also of our Filipino community in the middle east.
Thanks Atty. Barney!
Sir campos good day po sir pde ko po b kau makausap coz i have same scenario like urs. Thanks po
Hello po Campos and Mark,
Can you let me know kung ano na pong update sa case niyo?
May someone ba na ngpunta sa home address niu at ngharass? what if wala naman kau talaga sa Pinas..? or kung nasa Singapore may chance pa ba na makapagfile sila ng case against you?
sir can i get ur contavt or email? i have same situation po.tnx
hi sir campos anu na po nang yari sa file nyo,
miss grace nasa SG ka ba ngayun kasi plan ko pumunta kaso natatakot ako gawa ng loan ko at credit
please advise po same issue kasi tayo
Any update on this comments?
Hi Sir Campos,
Please pwede kopo ba makuha email id nyo. Kasi i have same issue po. Slamat
Any updates regarding this?
I had case for bounce cheque and court gave final judgement. I paid penalty that in febeuary 2015 now in april bank calling again.
They can file same case again the
Cheque amount is aed 9000 but my credit card limit is 18000 and it was 30000 aed after all fines.
Hi ! I got quick cash from FGB every month i suppose to pay 477 but by mistake i paid 417 and it was insurance. Bank gave penalty and i dont wont to pay this penalty i closed already half of this money but they are asking to pay finea also what can i do in this situation
I have credit card issue back 4vyears in kuwait around 2900 usd..now debt collector call my office in abudhabi ask for payment..my queation can they sue or make file against me while now im in abudhabi.. and can I pay direct to branxh in abudhabi or it is dangerous to show ky self direct to bank branch
I need some advice I have a personal loan on 280000dhs and CC outstanding of 45000dhs. I had a heart disease in 2013 and since then I had lots of other health issues. My company supported me but since Nov I haven’t been to work due to my health (cabin crew) I am having back and neck issue which is making it difficult to work and I cant secure any ground job due to the attendance issue after the heart attack in 2013. Recently they have given me a month to get fit or leave and with the condition I cant go back flying so only option is to leave. I have been with them for 10 yrs. My bank credit rcord is very good as I had recently topped my loan and all the payments were on time. Want to know what will happen if I loose my job and cant find any other job. I was planning to start a business of my own with little bit of money that I have. What are the obstacles and what will the bank do for me not being able to pay.
Hi sir ,
I have credit card from a top bank in uae and I failed to pay the money for last three months now they put my chase in debit collectors now they are telling I need to clear the debit asap if not they are going to deposit my security cheque but the thing is that I haven’t signed any security check with please advice me what they will take against me
For the last 2010, I am applying a personal loan in a prestigious bank here in UAE. They settled my credit card in my previous bank the amount of AED 2300. and suddenly on the processing time, our company declaring that they are not accredited on the said bank and cannot issued a salary transfer letter. Then the bank manager declares to reject my loan and must paid the amount of AED 5000 to clear my names. I told their agent that I will pay if you will give me a credit card but similar at that time they refused. Year after year I am waiting if they filed a case for me and waiting their call. My question sir, I notice now that I am blacklisted in the central bank due to rejection of my applications for personal loan in other banks as per on their remarks.. How can I clear my names in central bank?
Dear atty Barney,
First gulf bank filed civil case agaisnt me i took credit card from them last 2008 and lost my job i wasnt able to pay them not even a single dirham until now i dont have job and my visa was cancelled already and my passport is with court i cant really find a job because of my civil case i was jailled also last 2010 for 8 months but still when i got out i cant find any job i really want to go home please advice me what to do.
Thanks in advance
i would like to know that if you have a civil case against you and a travel ban will it prevent you from renewing your visa. coz my husbahad nd in 2008 defaulted in paying his loan and credit card and has a travel ban. now our visa is dur for new renewal. and also would like to know if he can change jobs coz currently he is on a partner visa and wants to go to an employment visa.so will the tevel ban stop him from going on an employment visa.please help.
dear sir barney
my brother is now in jail because of loan and credit card debt. i just want to know how can we help my brother get out of prison as soon as possible his debt was amounting to 300k and i have manage to raise money for him to pay the penalty because he has 4 cases in diffirent bank in dubai?
need your legal advice thank you and god bless!!!
Please advice us.same problem for my brother
A bank have been issued a credit card to me without in 2009 without security check later on I have been used it’s credit limit and due to financial crisis I have got loss in buisness and I left Dubai.
Now since 2009 to 2013 I have been using that cars means repaid properly but later because of crisis.i didn’t able to pay and also last time in 2013 mid my bank blocked my card even that time I have been repaying because they have asked me to deposit a security check and later I have not been able to run the credit.
Now recently I was planning to arrive back to Dubai and my PARTTNER issued a visit visa of 2 months for me but there was no problem in issuing of my visa.
I want to ask u
If I’m blacklisted so means there will be a problem in issuance of visa?
And if no then if I will enter in UAE what’s will happen to me means civil or crime case because I haven’t issued a security checque.
I don’t have the money to pay instantly I’m ready to face a case in court of I heard from my friend police will arrest for a month and then release so please guide me exact what will happen please I don’t have money to pay but I need to go back to again start the work.
Waiting for ur response please
Dear Mr Barney,
I had credit card debts previously in Dubai which I repaid before returning to Dubai in 2014. I tried to apply for personal loan with banks but got rejected saying my name is on the central bank black list.
How can I get this name cleared ? I tried to contact the debt collection department of the adcb bank but it has not been possible to get in touch.
Can you advise please ..
When you settled your credit card debts with the bank, did you pay the original outstanding balance or you negotiated for a lowered amount?
If the settlement amount is less than the outstanding balance, the bank is required to report to the Central Bank the details of the condoned debt (the amount you did not pay which will be written off by the bank) and as a consequence, your name will be included in the black list.
To have your name removed, you will need to contact the bank (visit the collection department if you cannot reach them by phone) so that they can request the Central Bank to clear your name. This will mean that you need to settle the original amount or prove that you have already improved your credit standing.
A friend of mine borrowed money from a local cooperative in our company for an amount of 7,000 dhs, unfortunately she was unable to pay the interest and the amount ballooned to 9,574 dhs. The problem is her husband does not want to pay the debt and I’m the one being pursue by the cooperative for her debt. What legal action can i do to resolve the matter once nad for all. is it allowed by law here in UAE to file a case on the borrower due to non payment of debt?
thank you very much
The cooperative has no legal right to demand payment from you since you are not a party to the loan contract. It would have been different if you acted as a guarantor or co-borrower. In such case, the cooperative can demand payment from you.
Under the UAE law, nonpayment of debt is an offence which envisages detention or fine, inter alia. Emirati jurisprudence has generally considered proven the “bad faith” in the performance of an obligation by the fact of the debtor’s unjustifiable refusal to pay, despite repeated demands from the creditor.
my husband worked for a real estate firm and lost his jon during recession.he has a personal loan and a credit card and a car loan.since he los his job he had no source of income to pay.his car was impounded and finally a legal case was issued on him .he managed to get a job in 2013.wat i wld like to know that since he is blacklisted how do we setlle the case. we surely dont earn the same that we used to , is there any way if the amount can be reduced coz the personal loan amount is 100,000 and credit card is 10,000. please guide as he has not gone to his home country for the past 6 yrs, not even for his fathers funeral. but he has a valid visa till 2016 feb.
The best way to resolve the issue is to negotiate with the bank for a payment terms which your husband can afford considering his personal circumstances. Your husband can approach the bank and show his current salary certificate and list of his expenses so the bank can assess how much is the monthly installment payment they can both work on to settle the outstanding obligations.
I left KSA in 2008 with a personal loan of 100K+ saudi riyals. I am now here in the UAE and some collection agencies in the Philippines is contacting me and threatening me of going to jail if i don’t pay the amount with them. I have tried to contact the bank in Saudi through email and phone but i got no response. Can this collecting agency file a civil/criminal case against me in the Philippines? I am planning to settle the loan with the bank, but i don’t trust this collecting agencies as I don’t know if my payment will surely go to the bank and clear my records. Can they also possibly file a case against me while i’m here in UAE? Thank you for your advice.
You can directly deal with the bank to settle your loan obligations. It is important that you secure first a settlement agreement before you make any payment.
Upon receiving the court judgment in KSA, your bank can request the Philippine or UAE courts to recognize the judgment of the KSA court and execute the same in the Philippines or UAE.
Dr mr leon.. My husband had the same situation as yours..what happen to your case now? Can i have your email pls?? Thanks..jin
I lost my job back in April 2014 and since than I am in over stay, because I want to get work here and pay my debts, I don’t wanted to run away. I got a loan and a credit card from dunia finance. I have been arranging payments from last couple of months however, I have been unable to pay from last 3 months . Now I am receiving too many calls from dunia finance saying they will file the case against me. I have read the article that there is no jail sentenced anymore for any bank defaulters. So in my case what will happen if they will file a case, and I don’t have any visa. Will they deport me or they will send me to court? I am really worried now as I am expecting to get work soon. Please help.
It is not true that bank defaulters will not be jailed. You will face jail term if you do not pay your debts.
The best way to do is to negotiate with your bank to restructure your loan.
You will not be deported as banks will also file a travel ban against its debtors, preventing them to leave the country until they have cleared their civil case for the non-payment of debts.
Dear Mr Barney,
A collection agent from my credit card call me and demand a payment of 5000aed but I told him I can pay only less because of financial problem. He speak without ethics, shouted at me, told me that he will file a police case against me. So what I did is pay certain amount on the same day as we agreed.
But suddenly, the following day I receive a call that I should report to abu Dhabi capital police for bouncing checked. I was surprise that day because I paid the amount as per the collector agent demand with our agreement.
I try to call the collection department from the bank but then, they ignore my call. My question is since I settle amount as we agrees and pay the same day as he demand and I also send the reference number and date with time. Why this collector proceed the police report despite I follow his demand to pay certain amount? I visit the bank branch in musafa to settle an agreement but refer me to Dubai branch.
Our HR Dept, my boss, my. colleagues already knows this embarrassing situation because all I know is the collector will not do such because I already paid his demand same day. What to do sir please advice?
mr barney , i don’t know exactly your situation but the amount which you have credit to the collection department they will not be able to fill a case of bankruptcy because they don’t have the reason to fill the case , any single payment you do on to your credit cards or loan you must keep the receipt as a record with even a single penny can save you from jail terms but not the case as full payment have be done ,harassing or fearing the customer are the collection department work they have defaulter list and one person have to chase the target buy calling the defaulter and use harsh word and to fear them with hook or with a crook for any general question mail me i can sort our yours porblem [email protected] thank you
We always recommend not to pay any amount until and unless a written settlement agreement has been made. In this way, you will be protected as the terms of the new payment scheme is reflected in the agreement which you and the bank will sign.
The collecting agents are not allowed to disclose your financial information with your boss or colleagues. Financial details such as loan information are protected by confidentiality laws and are likewise governed by the UAE Central Bank secrecy regulations on banks and financial institutions as well as Philippine Central Bank issuances. Moreover, Article 374 of the UAE Penal Code provides:
A punishment of confinement for a period not exceeding six months or a fine not exceeding five thousand Dirhams shall be inflicted if libel or slander occurs over the telephone, or in the presence of the victim and of a third party.”
Thus, collecting agents may not insult or harass you even if you are unable to pay your debts.
You may report this illegal practice to the Central Bank.
I worked in Dubai from 2001-2004. I left UAE in 2004 with outstanding loan from HSBC (without security cheque) and credit card loans. Recently, I got a job offer in Bahrain and the my agency here in the Phils told me that my plane going to Bahrain is Emirates Airlines. Will I be detained in Dubai Airport? Please reply asap as my flight is coming.
You or your authorized representative will need to contact the bank and credit card companies to inquire about the status of your loans.
If you did not issue any security cheque, it only means that the bank will not be able to file a criminal case against you for bounced cheque under Article 401 of the Penal Code.
However, the bank or the credit card company may have filed a civil case against you for the collection of your unpaid loan/credit card balance. Under Article 93 of Executive Regulations of Federal Law No 6 of 1973, the bank, upon filing the civil case, may request the court to include your name in the Black List of individuals prohibited from leaving/entering the UAE, to wit:
“The Black List shall include the names of individuals prohibited from entering or leaving the UAE for committing a crime, for claims of civil rights against them or for posing a threat to the public security.”
Your unpaid debts will fall under the category of “claims of civil rights” as financial obligations resulting to loan contracts are civil in nature.
If you have an existing case (criminal or civil) the Immigration officers at the Dubai Airport will hold and refer you to the police or court authorities.
If you plan to re-route and avoid being in transit at any UAE airports, I would still suggest that you coordinate with your bank as Bahrain is part of the GCC and there is still risk of being apprehended.
If your bank has already filed a case against you, you will be apprehended at the Dubai immigration even if you are only in the transit area.
We suggest that you clear your debts first before being inside the UAE territory.
I was in Abudhabhi from 2009 to 2011.Just 2 months before leaving the country after finishing my contract, bank issued me a credit card with a limit of 44000.The company had promised me ajob with in next 6 months. Thinking that I would go back and repay the credit,I did shopping of dhs 36000 in AD&India.Since then it was my bad luck no job. By that time there was a balance of dhs 4000 in my account. Now the same company is calling me back. Will there be any complication and what action will be taken.?
As you were unable to pay your outstanding credit card debt 4 years ago, it is possible that your bank has filed either a criminal case for bounced security cheque) or civil case for the collection of money against you.
I would suggest that you or your authorized representative contact the bank to inquire about the status of your account and work out on a repayment scheme so your case will be released, ensuring a hassle-free return to the UAE.
Note that approval of your visa by the immigration does not mean that you do not have a pending case.
I got a offered work to Qatar and salary is more than here. My question right now I am working to UAE and I informed my company to resigned to my post and go back to home country. Right now I have 2 banks credit cards and I am paying on time without any delay or overdue. My Question I can go out UAE without paying my credit card balance and I will pay my balance when I reach Qatar? The Immigration will not block me to go out UAE or there is possibility fro the central bank to inform the Immigration regarding my credit card balance.
Thanks and regards,
As a general rule, credit card companies will only initiate a case against the cardholder if the account is in default, or when payments are not up to date.
The more common scenario where banks will hold a person prior to leaving UAE is for those with personal or salary loans since the employer is required to notify the bank of the employee’s termination.
It is always better to close all bank accounts prior to leaving the UAE as the law requires you to do so once your visa has been cancelled.
Hi Mr.mark, we have the same situation I just want to ask if you went back to Philippines with out any problem in Dubai immigration. And if your in Qatar now is there any problem and how can you pay your credit cards in Dubai. Thank you. Ana
Dear Atty. Barney,
I was a credit card defaulter in HSBC with the credit limit of AED 45,000 for 3 years now, but i didn’t used the full amount i think i used only around AED, 39,000. I was released from my previous company since our company experiencing financial problem and i was going home. To make the story short i miss the monthly payment since i don’t have income. Recently one representative from HSBC bank email and inform me to settle my outstanding balance of AED 60,765.00, for 3years. I replied for his email that i want to settle that account but for now i don’t have work so i cannot arrange for any payments. My question is this, if i want to settle my credit card i will pay the amount of AED 60,000 plus or only the credit limit? I’m planning to work back again in UAE maybe next so that i will settle also my obligation in the bank, if that happen i will be going to jail? I remember before when i applied the credit card, i did not sign any security check.
I’m hoping that you can give me any legal advise.
Thank you very much and more power.
I suggest that you or your authorized representative contact your bank to inquire about the updated status of your loan.
Settlement does not mean that you must pay the full balance or the credit limit. The amount and payment terms can be agreed upon between you and the bank.
If you did not issue a security cheque, you will not have the risk of being charged for the violation of issuing a worthless cheque (Article 401 of the Penal Code) but you may be liable for a civil case for the collection of the amount you owe. Nevertheless, you may still end up in jail if the bank has already filed a case against you.
Try to remember the documents you signed during the credit card application. There are application forms with “built-in” security cheque. Thus, you may not be aware that you have already issued a cheque. Security cheque does not necessarily mean that it has to be from your own cheque book.
If the bank has not filed any case against you, you will be able to enter UAE without any problem. However, if the bank decides to pursue the case while you are inside the country, you run the risk of being apprehended by the police.
It is always better to settle all financial responsibilities at the earliest.
a new company applied for my employment visa as engineer but got rejected.
i called the labor what is the reason they just say ” security” thats it.
then i checked all my banks if i have pending issue or if they files a police case againts me.
i was clear from 2 banks but found out 1 bank filed a case againts for security cheques when i applied the credit card before.they asked me to settle a certain amount and said the same day they will give me clearance.
if i agreed for settlement, is it true that they will give me clearance how long will it take for police to clear my case.
is it possible that this was the issue for the rejection of my visa application.
and after i have cleared my case w the bank and police how many day can the comp reapply for my new visa
You will not be able to apply for your new visa unless your police and immigration records are all cleared.
The important step here is to make sure that you are entering a valid settlement agreement with the bank which has filed a police case against you. You must obtain a settlement agreement signed and stamped by the bank. This has to be printed under the bank’s letterhead.
Once you have settled the amount in full or any other installment amount as per your settlement agreement, you should be able to get the clearance from your bank.
Since a police case has already been filed, you will need to coordinate with the bank’s lawyer so they can withdraw the case. Thereafter, you will need to secure your release and clearance from the police station where the case has been filed. Once your name has been cleared from the police system, the final step is the clearance from Immigration.
Once you are cleared with the Immigration, your company PRO can proceed with your visa application.
You will need to ensure that no verdict has already been given by the court. In such case, Article 401 of the Penal Code will apply: The penal action shall lapse if payment is made or waived after the crime has occurred and before it has received a final ruling. If this occurs after the ruling has become final, its execution shall be stayed.
You may want to attend our free seminars on credit card and bank loans at the Philippine Embassy and Consulate for further information. Visit our website http://www.gulflaw.info or call 04-4492076 for the schedule.
There is always a confusion on the type of settlement that will release a debtor from all future liabilities.
If the settlement you did is for the bank to release the Police case (usually you paid a smaller amount than the actual debt or made partial payment or installments), the bank will usually reserve the right to file a civil case should you fail to pay the balance after you have been released. You have to check the terms and conditions of your settlement agreement.
Remember all loan obligations that you have. It is possible that your other pending cases are not from the same banks you have settled. It can also happen that the same bank will file another police case for your other accounts not covered by the settlement. If your settlement only covers credit card loans, the same bank can file a case for your car loan default. Each loan is treated separately although given by the same bank.
If you are sending a representative to the police, you should issue a power of attorney on his favor. This will give your representative the authority to transact on your behalf.
The first step you need to do is to contact these entities who have filed cases against you so you can enter into settlements if their claims are indeed valid.
I Mohammed Harish worked in UAE for almost 7 years. I have got some credit card and loans.I quit my job due to financial crisis. iniatilly I worked for a company and quit the same. after I came bak to UAE almost 8 months after and got imprisoned for 40 days..finally my relatives had settlement with bank and came out wrkd fr new company..3 tears passes without any tensions.again due to personal issues I cam back to home place…now I tried to go back again to UAE ..I xame to know there are 2 cases filed against me…again spoke to the bank for settlement and does the same…
when I tried to recheck the case wether its got closed r not for.the confirmation.I got ahocked and still there s case pending in station..when.my brother visited several times to the police sttion they are treating him in a bad manner. so iam suffering co of these unknown law.
kindly request you to suggest me what I should do to overcome this situation..
awaiting for your reply
Thanks & Regards
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