In many cases, a legal notice in UAE works like an ultimatum. It is sent as a form of notification to an entity or individual. The purpose of a legal notice is to inform the other party about a grievance and ask for a remedy. Should the other party reject the demand stated in the legal notice, it will result to a legal action against the party. The sending of a legal notice, therefore, is an initiating step to legal proceedings. Contact us if you want to Send A Legal Notice For Cheque Bounce In UAE
When to Send Your Legal Notice in Dubai
A legal notice is filed before the official filing of a case in UAE. It offers a straightforward picture of the intention of the sender to initiate legal proceedings should the receiver of the legal notice reject the conditions of the sender to resolve a particular issue. A legal notice in Dubai is necessary to provide the receiver of the formal written letter with appropriate remedies for dispute resolution. A notary public in Dubai may be sought for the legal drafting of a legal notice.
A few of the instances wherein a legal notice is necessary to be sent are as follows:
- When a violation occurs for terms mentioned on an employment contract (violation may be committed by an employer or employee)
- Sexual harassment by a colleague
- Violations to HR policies of UAE companies
- The abrupt absence or walking out of job responsibilities without providing formal notice
- Unpaid salary and termination without any reasonable cause
- Bouncing of cheques
- Disputes related to real estate and property e.g. mortgage, ownership disputes, and eviction of renters
- Complaints about delivery of a faulty product or provision of faulty services
- For personal issues e.g. inheritance disputes, child custody, divorce
You may want to know: What To Do After Getting A Divorce Legal Notice In UAE
Steps for Filing a Civil Case in Dubai
Any disputes that arise in Dubai and the other emirates can be brought to UAE’s court system. It operates at a federal and local level. Federal Law (no. 11) of 1992 concerning Civil Procedural Law in UAE regulates the jurisdiction, procedures, and method for litigations in commercial, personal status, and civil lawsuits. If you are considering of sending out a legal notice or initiating a legal battle in Dubai or anywhere in UAE, these are steps which you have to follow:
Step 1: Consult with your lawyer
The first step you need to take is to seek advice of a legal professional. Before you make any decision regarding a legal action, you have to equip yourself first with expert guidance. An attorney can also help you determine the jurisdiction of the court where you can file a case.
In general, the jurisdiction of the court will lie in the domicile of the defendant. For defendants that don’t have a domicile, jurisdiction will be from the place of work or residence.
In general, a court’s jurisdiction lies in the defendant’s domicile. If he has no domicile, then the jurisdiction would be the area of his residence or work. It’s important to determine the jurisdiction of the court prior to sending out a legal notice as it has to be included or mentioned in the formal letter to be sent out to the defendant.
Step 2: Consider mediation
When you’ve spoken with your lawyer, settlement is always the first option which will be presented to you prior to filing a case. Settling a case amicably will save both parties from spending valuable resources in a long, costly legal battle.
For labor disputes, parties are obliged in raising the issue first with the local dispute resolution committee prior to moving a case to the courts. The legal notice for the case will be sent during this stage.
You also need to know: Legal Notice For Recovery Of Money
Step 3: File a lawsuit
If you haven’t reached an amicable resolution even with mediation or help with the appropriate committee, submit to UAE Court of First Instance your statement of claim. Ideally, you ask a lawyer in filing a case as there are a lot of supporting documents to be attached to your statement of claim. If an attorney will be representing your case, then a notarized POA or power of attorney has to be presented. A public notary in Dubai will handle the notarization of all supporting documents for your case.
The court will provide you with a case number, as well as the schedule for the hearing. A court official or bailiff will send the defendant a notification within ten days from filing the statement of claim. The value of a case will only have an official estimation during the day of the trial. Valuation will be based on last request that is made by parties and will include revenue, expenditure and indemnities due on the trial schedule.
If you want to know more on what is involved with legal proceedings in UAE, call us here in Notary Public Dubai today!