UAE: How to check for a travel ban due to credit card debt

Question: I have multiple bank cases due to failure to repay my credit card payments after I lost my job. I managed to clear payments on some of the credit cards. But I forgot to keep a record of them. I must travel to my home country urgently, but I don't know whether any legal cases are still pending. How can I find out about the travel ban, and can I travel abroad if there are cases against me?

Answer: A credit card holder who fails to pay three consecutive monthly or six non-consecutive bills may be considered in default.

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This is under Article 4 (4) of the Personal Loan Agreement format of Loan Agreements Formats Approved by the Central Bank of UAE, which states: "The loan elapses and all the instalments, interests and any other fees and expenses become due and payable immediately without having to give any notification or any court ruling and without prejudice to any other rights of the bank according to this agreement or by the law - in the event that the borrower failed to pay three consecutive instalments or six non-consecutive instalments of the monthly instalments without approval of the bank."

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In the UAE, a competent court can impose a travel ban when a creditor submits a request demonstrating the existence of a serious, due, and specific financial obligation of the outstanding amount of more than Dh10,000.

The court may require the creditor to provide a financial guarantee to cover any potential harm to the debtor if the ban is later found to be unjustified. This is by Article 324 of Federal Decree-Law No. 42 of 2022, promulgating the Civil Procedure Code.

Furthermore, a travel ban issued against a debtor remains in effect until the debt is settled.

However, the court may lift the ban if the reason for it no longer exists, the creditor agrees in writing, and the debtor provides a sufficient bank guarantee or approved guarantor or deposits the full debt amount with the court.

It may also be lifted if the creditor fails to file a case within 8 days or start enforcement within 30 days of a final judgment, if no enforcement action has been taken for three years, or if authorities confirm the debtor's stay in the UAE is illegal and they are to be deported. This is in accordance with Article 325 of the UAE Civil Code,

"The travel ban order shall remain in force until the expiration, for whatever reason, of the debtor's obligation towards their creditor who has obtained the order. Nevertheless, the competent judge may order that the aforesaid ban shall lapse in the following cases:

If any of the conditions necessary for the making of the travel ban order lapse;

If the Creditor agrees in writing that the order may be revoked;

If the debtor submits a sufficient bank guarantee, or a solvent guarantor accepted by the Judge, and the bail report that includes the guarantor's undertaking is accompanied by the judgment or order issued to oblige the debtor with an Execution Writ before them, with what this judgment decrees;

If the debtor lodges with the Court's Treasury a sum of money equivalent to the debt and the expenses, earmarked for the satisfaction of the right of the creditor on whose application the order was made, and such sum shall be deemed to be under attachment by operation of law in favour of the creditor;

If the creditor fails to submit to the Judge material to demonstrate that the action for the debt has been brought within (8) eight days from the making of the travel ban order, or if they have not commenced enforcement of a final judgment made in their favour within (30) thirty days from such judgment becoming final;

If (3) three years have elapsed since the last valid procedure of executing the final judgment on the debt, the travel ban order was issued to satisfy it, without the creditor applying to the Execution Judge with a request to continue the procedures for executing such judgment; or

If a request is received from the competent authorities stating that the stay of the person banned from travelling in the State has become illegal and they shall be deported, and it is not proven that they have assets in the State that can be subjected to execution."

In the UAE, failure to repay credit card debt may result in civil proceedings, depending on the terms of the credit arrangement and whether post-dated cheques or signed undertakings were involved.

If a bank initiates legal action, it could lead to a civil court case.

If you have settled some of your credit card accounts but did not retain records of payment, and are uncertain whether any legal actions are still pending, it may be advisable to verify your legal status/travel ban before planning to leave the UAE. This can be done through online platforms like the Dubai Police Smart App or by visiting a local police station. Additionally, you may check with the Dubai Court if any cases have been filed against you. Alternatively, you may appoint legal counsel in the UAE to act for you.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.