The judicial notice for recovery of money by the debtors is a formal legal document and it is prepared by professional lawyers for their clients. The judicial notice for the recovery of money in the UAE is considered a crucial document by the law. This is because the actual dispute in the majority of the cases is resolved without any legal proceedings in the court with the mere service of judicial notice.
In this article, we will be enlightening on the way a judicial notice for recovery of money in the UAE is formed and how it can be notarized by the Notary Public Dubai.
In the UAE, the drafting of the legal notice for recovering money is a crucial step and its effect only depends upon the drafting skills of the lawyer. Notarization of the judicial notice is not mandatory but the affidavits have to be signed in the presence of the notary public Dubai.
Procedure to write a judicial notice for recovery of money in the UAE
The judicial notice for the recovery of money in Dubai must have certain basic elements. These elements are listed below-
- Putting the title of the legal notice- A legal notice must have a title. The title must be short and precise. The title should be able to give a glimpse of the matter that is going to be talked about in the document. An example of judicial notice for recovery of money in Dubai is “notice for recovery of money for the sale of goods credit”
- Laying out the matter and the facts- the next step in drafting the judicial notice for recovery of money in Dubai is to layout the subject matter in a detailed format. This step must mention the cause of the legal notice. Regardless of the fact if the acts have been intentional or unintentional, and created an issue for the sender of the legal notice, the same must be stated precisely in the document. In case any previous communication for the matter is there, the same must be mentioned in the document with the mention of the proper reference. The writer must ensure that no vital information related to the matter is being left out in the judicial notice for the recovery of money in Dubai.
- The demand should be clearly mentioned in the document by the sender- the sender of the judicial notice for recovery of money in Dubai must clearly mention his demands. The sender has to be very careful in drafting the notice. The sender can also ask for compensation in the form of money or the form of a performance or in the form of asking for some other work in return. This can be done for the delay in the payment of money on the debtor’s side.
- Stating the result and the consequences on the notice- the result and the consequences of not paying the money at the specified date or ignoring the notice shall also be mentioned in the document. All the conditions mentioned in the notice must be complied with by the debtor. If not, the debtor has to face the consequences mentioned in the document. There shall be enough time allotted by the sender of the legal notice for the debtor to settle the dues either by negotiation or otherwise.
- Serving the legal notice- lastly, it is important that a legal notice must be handed over to the accused directly. Any other person does not have the right to accept the legal notice on behalf of the addressee. Notice is one of the most important documents for the court proceedings in the UAE. If a legal notice is not served properly, then it can result in the following-
- Delay in resolving the matter
- The incurrence of additional costs
- A court order that has been passed already may be revoked declared invalid, or overturned.
- There might be a case wherein you may have to reserve or republish the legal notice.
Read also: How To Send Judicial Notice To Cancel POA
The situation that can lead to drafting a judicial notice for recovery of money in the UAE
Certain common situations can compel a person to write a judicial notice for the recovery of money in Dubai. Some of them are enlisted below-
- Consumer disputes- in the case where a consumer has been sold or delivered a defective product/service, then the consumer has the legal right to send the legal notice to the seller of the product or service. The notice can ask him or her to rectify the issues and must also allow them some time limit to get the things rectified or return the money.
- Cheque bounce- in case a cheque is bounced, then a legal notice may be issued to demand payment or to recover for money owed.
- Dispute between an employee and employer- most of employees in the UAE are unaware of the rights they have as per the UAE legislation. Simple non-payment or delayed payment of salary can be a reason for sending a judicial notice to the employer by the employee. The employer on the other hand can sometimes send a legal notice to the employee in case he has shown any negligence on his part which resulted in a loss for the company. The employer can send a legal notice to recover the losses from the employee.
- Eviction by the tenant- tenants in the UAE have certain rights that can protect them from unlawful eviction. There are certain grounds on which even the landlord can file an eviction against the tenant. Whatever may be the case, prior to filing a case, a landlord or a tenant has to provide legal notice to the other party.
There might be many other situations that may lead to a creditor writing a judicial notice for the recovery of money in the UAE. One must follow the proper wordings and sentences while writing the same in order to avoid any kind of disputes and issues at a later stage.
To know more about the judicial notices and affidavits, get in touch today with the Notary Public Dubai. We do all sorts of notarization of documents as well as drafting of legal notices.
Syed Hassan Ali has an experience of 13 years and is highly specialized in providing legal consulting for all types of notary requirements. By utilizing his diverse and deep knowledge, he has consistently aided individuals and organizations in finding flexible and timely solutions.