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Is your outstanding debt increasing?

Sakina Dickenwala, Jui Dongare and Deepak Azad
Filed on August 11, 2021

Learn how to ensure that debtors pay their outstanding dues and the processes involved to recover them

Unpaid invoices and outstanding receivables are major problems faced by companies in the UAE. The lack of cash inflows and outstanding debts due to them, forces many companies to shut down.

MBG Corporate Services helps structure debt and recover outstanding dues from customers both through effective management strategies and through the legal course of action. MBG follows the following process for debt structuring:

Extra-judicial process:

Due Diligence: In the event of the defaulter being non-reachable, investigation is done on the contact number and due diligence at the registered regulatory authority, as to the validity of the trade license if it’s a company, and at the immigration department, if it is an individual. We also examine the best chances of recovery.

• Serving demand letter/legal notice: A formal demand letter or a legal notice carefully drafted by our expert lawyers is served via email, registered post, or courier. It contains details of the debt, the name and contact details of the defaulter, the object of the debt and the payment deadline. The letter and the notice also constitute potential legal action should the payment not be made on time. This notice may also be served as a notarization through the Notary Public in the respective emirate.

• Communications: Once the demand letter/legal notice is successful, our representative establishes a line of communication for negotiations with the counterparties until an appropriate response is offered to the client.

• Negotiations and Settlement: Under this, once the representative is confident that communication is established, the debt collector engages in informal negotiations for prompt payment with the defaulter. The most important part of the collection process is the evaluation of the defaulters’ behaviour and how willing they are to pay and settle the matter. There is constant bargaining and negotiations. The negotiations are effected and settled by a documented settlement agreement of the payment terms and conditions. Once agreed upon, there is an execution of a formal settlement agreement, which can be immediately legalised at the court of competent jurisdiction. The parties may agree on issuing post-dated cheques or manager cheques for the settlement amount.

Judicial process:

The UAE government offers several options for the creditor to initiate a claim. The payment order begins with a notarised legal notice served to the defaulter to fulfil the payment, granting a grace period of five days under the Civil Code as per the jurisdiction. If the payments are not made during the grace period, the court issues a payment order upon due registration and with documentary evidence. The payment order comes in together with the principal amount as well as the interest.

The mandatory documents are the contract, commercial invoices, statements of accounts, etc. When they are submitted with a memorandum, the court renders the payment order, which is immediately due for execution with the completion of a 15-day legal notice grace period. In the interim before executing the order, a stage for initiating precautionary and provisional relief takes course. The said measures are for ensuring the maintenance of the status quo amongst the parties and safeguarding the creditors’ rights and interests.

Under the execution proceedings, such procedures are undertaken, upon the judgment being final and binding, by initiating the enforcement of the payment order for recovering the amount by taking precautionary and execution procedures.

This process consists of initiating and obtaining the execution writ; registering commercial execution at the courts of competent jurisdiction; the competent authorities investigating all assets such as shares and bonds, trademark, trade license, etc. belonging to the debtor; serving notices on the judgement debtors, initiating precautionary attachment on the assets found during the investigation; initiating execution seizures such as arrest warrants, travel bans, bank deposits, etc.

Further, should there be a bounced cheque, a request for a travel ban may be submitted against the authorised signatory or the company’s manager before the initiation of litigation. The most effective way is to recover the debt before initiating legal proceedings.

Role of MBG in recovering your outstanding debt

MBG, acting on behalf of clients, allows debtors to clear the outstanding dues by themselves to maintain their reputation. That failing, the best approach is to take strict legal action immediately. Ensuring that all appropriate steps are taken in terms of legal notice, claims submission etc. The legal team at MBG ensures complete peace of mind for the client as they take full the responsibility of recovering and collecting outstanding debt so that the client can focus on their core business operations.

Get in touch with us today to know more:

Email: uae@mbgcorp.com

WhatsApp: +971 52 6406240

— Sakina Dickenwala is director — legal services; Jui Dongare is legal manager and Deepak Azad is legal manager at MBG Corporate Services





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