5 Legal Steps For Commercial Debt Collection in UAE

  • 31 October 2022
  • By MNS

Introduction

The barter system, wherein people used to exchange commodities and services, is when the idea of indebtedness first emerged. What if one or both parties fail to deliver the promised products in exchange for the promised goods, necessitating the necessity to assert the debt? Since 2005, there have been several incidents involving unpaid debt in the UAE, but not every one of them presents an economically feasible opportunity for a corporation or individual to initiate a civil lawsuit. Thus, you can pretty easily find debt collection services in UAE with the help of Legal Consultants in Dubai.

Debt collection simply entails pursuing a person to get him or the business the money that is owed. Always make the wise decision to consider your options for collecting your debt from debtors outside of court. Choosing a debt collection firm, making repeated phone calls and emails, and delivering a legal notice are just a few instances of how debtors may be persuaded to reclaim the unpaid balance. However, the article is concerned with the actions a debtor can take before going to court, which may include making an early investment even if it may end up losing good money behind bad.

‘United Arab Emirates (UAE)’ method of debt collection

  • Even though UAE law strives to be the best in the world at implementing business regulations, going to court is not a common way to collect debt. This is true not just in the UAE but all throughout the world, as lenders look for ways to collect their loans outside of court. In terms of debt collection, this is frequently more efficient, quick, and responsive and is less expensive than using the court system.
  • UAE debt collection services can aid lenders in extrajudicial debt recovery. Any information that is available on the debtor will be gathered by a reliable debt collection agency. They then make extremely professional contact with the debtor on the lender’s behalf to remind them of their outstanding debts. Only phone and email are used for this form of contact. They make an effort to inform the debtor of the likely legal repercussions of late payment of invoices.
  • “Article (8) of the Insolvency Law Dubai” governs the regulations controlling those with financial difficulties. This includes instances where UAE residents are unable to pay debts like credit card bills or loans. The UAE bankruptcy legislation is distinct from this new statute.
  • The present bankruptcy law in the UAE solely applies to businesses and entities based there. On the other hand, the focus of insolvency law is on individual debtors.
  • In the past, people who couldn’t pay their debts in the UAE faced sanctions like travel restrictions and even imprisonment. This has been replaced with a more lenient procedure under the UAE’s new federal law on insolvency, which enables defaulters to manage their unpaid debts more effectively. The following are a few of the new amendments that will aid in debt relief:

The Techniques

1. Establish credibility

Checking the creditor’s legitimacy and reputation in the market is the first and most important step in any approach. To protect your debt, you must also find out about his prior professional connections in the industry. To see if he has any active cases in the nation, you may also get a police clearance certificate.

2. Keep appropriate records

We have encountered many examples of unpaid debt where the clients lack the necessary paperwork to support the debt, such as payment receipts, written contracts, or debt acknowledgments. It is usually advisable to retain sufficient documentation on hand in case of unforeseen circumstances.

3. Obtain an insurance check

A security check must be used to secure any unpaid debt, increasing the level of safety. You may cash the security check to obtain the remaining money when the loan matures. Furthermore, filing a criminal and civil complaint in the UAE is not difficult if the check is dishonored.

4. A cordial agreement

The debtor might get in touch with several organizations that assist in collecting unpaid debts, or they can hire a lawyer to serve legal notices or warnings to settle the dispute outside of court; failure to do so will result in criminal or civil procedures.

5. Determine your legal options

Last but not least, if a peaceful resolution is not possible, comprehending the legal possibilities for filing a civil or criminal complaint while taking into account the associated costs is the next step.

When is the debtor actually questionable?

If the debtor breaches promise made to buy more time or displays carelessness when responding to collection agencies’ requests. Problematic debtors like this one exist. To collect the debts on behalf of the lender, the debt collection company must deliver a registered legal demand notice to the debtors. The initial debt plus any extra fines must be paid within 15 days of receipt by the debtor. A lawsuit will be brought to court if the debtor doesn’t comply. Due to the fact that court processes in the UAE are performed solely in writing, it was necessary to hire a debt collection attorney to prosecute the case. The court will make its decision after carefully examining the actions of both sides.

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