If you have comprehensively pestered a client to be it a company or an individual and there is still no sign of receiving the outstanding debt, it is an ideal opportunity to consider legal options available with Best Lawyers of Dubai. In some cases, the client leaves us with no options but to escalate the matter and to resolve it through legal redress. We believe that there can be simply no reason to neglect the payment. However, there are situations where the client is bankrupt or does not have the funds to satisfy your debt. All things considered, you ought to pursue the points herein mentioned which entails legal ways to recover your due debt.

1. Serving a legal notice

On the off chance, if an amicable settlement can assist you in claiming your outstanding debt rather than seeking court’s judgment, it is always recommended as a first option. You may appoint Top Lawyers of Dubai who can draft a legal notice to legally threaten the other party in order to release the debt pending from months. However, the creditor must scrutinize the debtor’s situation to pay and should accordingly award him an adequate time period to repay. Failing to receive any response from the other party, the creditor may seek legal recourse to resolve the issue or obtain a judgment against the debtor.

2. Conciliation Committee

So as to begin a case for outstanding the debt before the court, the matter will be first represented before Reconciliation and Settlement Committee, selected by the Ministry of Justice (Federal Law No. 26 of 1999 regarding the establishment of Conciliation Committee in the Federal Courts). The Committee encourages settlement and more often than not hears parties with an endeavour achieve a settlement. On the off chance that the prosecutors fail to achieve settlement before the Reconciliation and Settlement Committee, the case should be documented before the Court of First Instance. The party shall draft the memorandum and submit before the court along with the payment of court fees.

3. Court of First Instance

Upon receiving a No-Objection Certificate from the Conciliation Committee, the litigant may register the case by way of a memorandum to the civil court along with payment of court fees.
The time limitation to file a case is 15 years from the date of the debt accrued. The court, post receiving the claim, will notify the other party and will provide a hearing date. If the defendant fails to attend the hearing, the court may in subsequent hearing order for an absent judgment.

4. Court of Appeal

It is conceivable to appeal the judgment of the Court of First Instance based on the findings of both law and facts. The Court of Appeal hears the entire issue again, and the gatherings can document further proof. The appeal must be documented within 30 days of the date on which the Court of First Instance conveys its judgment. There is a privilege of further appeal to the Court of Cassation on the point of law, subject to certain financial breaking points (in addition to other things). As far as possible, the appeal must be registered within 60 days from the date that judgment is conveyed by the Court of Appeal.

5. Execution

Judgment can’t be executed against the debtor unless the judgment is final and binding and is confirmed by the Execution Court as being ready for execution. Under the UAE judicial system, the execution courts are separate from other courts, which only assists in executing the judgment issued from other courts. There are judges explicitly appointed to the Execution Court helped by execution staff at the Execution Department to control the execution and implementation of decisions and orders. The Executive Judge is accountable for all execution matters just as any complaints thereto.