Lawsuits shall be filed to the court according to the plaintiffs’ request.
Q-I met a person through a matrimonial site in Dubai and we were in a relationship. He was going through a rough patch and I offered him financial help. Now, I have come to know that he was cheating me and I would like to get my money back. The man has refused to return the amount I gave him. Is there a legal recourse to recover my money from the individual?
You have not mentioned the sum of money that has been lent by you to the individual. Therefore, if you have evidence to support your claim, you may consider lodging a civil complaint against the person at the Centre for Amicable Settlement of Disputes at Dubai Court (the ‘Centre’) if the amount lent by you is less than Dh50,000. The Centre is a reconciliation department of Dubai Courts which deals with debts/claims amounting below Dh50,000.
You have to provide your and the borrower’s details along with the details of the case and documentary evidence to the Centre such as documentation of the borrowing or lending, any messages or emails pertaining to the borrowing or lending which supports your claim. Your petition should contain the relevant details and documents as mentioned in Article 42 of Federal Law No. (11) of 1992 regarding Civil Procedures Law of UAE, which states:
1-Lawsuits shall be filed to the court according to the plaintiffs’ request by submitting the statements of claims to the case management office or by creating electronic records for such lawsuits.
2-The statement of claim shall include the following details:
a-The plaintiff’s name, title, ID number (if any), profession or job, domicile, workplace, phone number, as well as his representative’s name, title, profession or job, domicile, residence, postal address, fax number or email address. If the plaintiff has no domicile in the state, he shall elect one.
b-The defendant’s name, title, ID number (if any), profession or job, domicile or elected domicile, residence, workplace, phone number, as well as his representative’s name, title, profession or job, domicile and workplace if he works for others. However, in case neither the defendant nor his representative have a known domicile or workplace, the last domicile, residence or workplace and postal address, fax number or email thereof shall be mentioned.
c-The subject matter of the lawsuit, requests and grounds thereof.
d-The date of submission of the lawsuit to the case management office.
e- The court before which the lawsuit is filed.
f-Signature of the plaintiff or his representative.”
You may approach the Centre for further details pertaining to your case.
You may also file a police complaint against the individual who has not returned your money that was borrowed by him. This is in accordance with Article 404 of the Federal Law No. 3 of 1987 on issuance of Penal Code, which states, “Whoever embezzles, uses or wastes funds securities or any other movable property with the intention to prejudice the interest of the due right’s owners, if it is delivered to him as a deposit, rent, pledge, loan for use, or proxy, shall be punished by detention or by a fine.
In application of this provision, the partner in a joint property, and the owner’s property, and whoever receives anything to use in a certain manner for the benefit of its owner or for the benefit of another, shall be considered as an agent.”
Know the law
Lawsuits shall be filed to the court according to the plaintiffs’ request by submitting the statements of claims to the case management office or by creating electronic records for such lawsuits
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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