Legal notices for recovery of money in UAE due by debtors are formal legal documents that are prepared by legal professionals for their clients. While it isn’t mandatory to report a legal notice prior to a case, it’s considered a crucial document in a lawsuit. This is as actual issues or disputes are resolved in the majority of cases without having legal proceedings in court with the mere service of a legal notice.
Take note: a legal notice for recovering money in UAE will only be effective depending on the drafting skills of a lawyer. Document notarization isn’t necessary for legal notices; however, this is not the case for affidavits as they have to be signed in the presence of a public notary in Dubai or anywhere in the UAE.
What are the steps to create a legal notice for Recovery of Money?
There is important information that has to be on a legal notice for Recovery of Money. Follow these steps when creating the document:
Step 1: Title the legal notice.
A legal notice has to have a title. The title should be both short and informative, providing a glimpse of the matter that will be discussed in the document. A great example is a title for the legal notice: “Notice for recovery of money for credit of sale of goods.”
Step 2: Layout the matter and facts.
The next step is to mention the cause for the concerned legal notice. Acts, either they have been intentional or unintentional but regardless created an issue for the sender of the legal notice, should be stated precisely. If there are previous communications in relation to the matter at hand, then they must also be referred. There is no vital information which is related to the issue that should be left unmentioned in the legal notice.
Step 3: Mention the demand and requirements as the sender.
A sender of legal notice for recovering money in UAE has to be very careful when drafting the document, most especially when stating the demand. As the sender, you can ask for a specific performance or compensation in the form of money. This can be for delays in the payment of money due or a problem that resulted from the conduct of the receiver of the legal notice.
Step 4: State the results and consequences.
The result for not complying with conditions that are set in the legal notice also needs to be mentioned within the document. The consequences will provide enough incentive to the addressee in taking the necessary action within the stipulated time. Remember to give a reasonable amount of time for settling the matter either by negotiation or otherwise.
Step 5: Serve the legal notice.
It is important to remember that a legal notice can only be handed over directly to the accused. Any other person can’t receive the legal notice on behalf of the addresses. Notice is one of the most fundamental elements of court proceedings in the UAE. Under the local legislation, all parties are to be informed reliably regarding relevant facts that pertain to a certain case.
If a legal notice is improperly served, then it can result in any of the following:
- A delay in resolving the matter at hand
- Additional costs, which may be incurred
- A passed court order may be revoked, declared invalid, or overturned
- You may be ordered to reserve or republish the legal notice
When can I send a legal notice for recovering money in UAE?
The most common instances that call for the serving of a legal notice to recover money are as follows:
- Consumer dispute – when there is a consumer dispute and a person is given deficient products or services, as the consumer, you can send a legal notice that’s against another party. In the notice, provide a certain amount of time for the other party to rectify deficiencies in the goods/services.
- Bounced cheques – if a cheque is dishonored, a legal notice can be filed to demand payment or recovery of money owed.
- Employee/employer dispute – most employees aren’t aware of the rights that they’ve been conferred by the local legislation. Non-payment or even delay of the payment of the salary can already be reason enough to send a legal notice to an employer. There are also instances wherein an employer has to send a particular employee a legal notice e.g. recovering losses from the negligence of the employee.
- Tenant eviction – tenants in UAE are provided with certain rights that protect them against unlawful or forced eviction. There’s a couple of grounds also on which a landlord is able to file a suit for eviction. Prior to filing any lawsuit, a landlord/tenant has to provide legal notice to the other party.
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