Help: Can I return to the UAE if I have defaulted on my loan obligations?

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They said: “I lost my job in 2017 and was told to leave immediately, which I did. I did not have time to inform the bank with which I had a car loan. The loan had been paid for 19 months and the rest of the payment – for another 40 months – was pending. Now, I would like to return to the UAE with the intention of settling all my liabilities, but I’m not sure I can.

“My intentions have always been to return to the United Arab Emirates and clear my debts. How do I know if I can return to the UAE to seek employment? »

To find out how non-payment of loans may affect former residents, Gulf News reached out to Dr. Ibrahim Al Banna, CEO of Ibrahim Al Banna Advocates and Legal Consultants.

He explained that if a person in such a situation plans to return to the UAE, he should consult a lawyer.

“Lawyers can check to see if there are any criminal or civil charges against anyone. To check if there is a criminal case, the lawyer will need a copy of the passport, current or previous UAE visa and a signed power of attorney from the person. For civil cases, you will need to submit a notarized power of attorney, copy of passport and current or previous UAE visa. For clients outside of the UAE, this is available online through Notary Public services,” Al Banna said.

Can the bank take criminal or civil action against an individual who has left the UAE?

While NSF checks were decriminalized after a new law came into force this year – Federal Executive Order No. (14) of 2020, Al Banna clarified that banks can take criminal and civil action against defaulters before January 2022 – when the new law was implemented.

If there is a criminal case against an individual, certain legal remedies are available, according to Al Banna.

” This law [Federal Decree Law No. (14) of 2020] entitles us to submit a request to close a criminal case in Dubai. If the case was filed in another emirate, we can file a judgment objection, the defendant can attend the hearing online and the case can be closed,” he said.

” This law [Federal Decree Law No. (14) of 2020] gives us the right to submit a request to close a criminal case in Dubai.”

– Dr. Ibrahim Al Banna, CEO of Ibrahim Al Banna Advocates and Legal Consultants

However, Al Banna pointed out that this legal remedy is only available if the check is dishonored due to insufficient funds.

“If the check was dishonored because the account was closed by its owner, or if the money was withdrawn before the check was deposited, then the defendant must serve the sentence. absence of the defendant, we can oppose it and obtain a more favorable judgement,” he said.

He added that the scenario could be different if it is a civil case.

“In civil cases, there is no other option but to pay the full amount according to the court judgment,” he said.

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