# Check bounce issue



## javavsdotnet (Feb 7, 2014)

Hi guys, I hope someone on this forum would be able to help out.
I was a tenant living in dubai and ended my house contract in Dec 2013. Cheque of last quarter which I gave to owner(amount 7000 DHS), he submitted to bank in Jan 2014 but got bounced back due to insufficient funds.
But the same day i got to know from bank about cheque bouncing and I submitted sufficient funds in account and informed the owner's person i was dealing with (who claims to be owners relative) that you can encash the same cheque again.

Now, I do not have any direct contact of owner and the mediator (claiming owner's relative) is pressurizing me to give him cash which he will give to owner and then he will return the bounced cheque later. I told him i can only give cash once you will give back the bounced cheque. He is threatning me of legal case.

Based on above, I have 2 queries:

1. Since I am going on annual leaves for 20 days, so what if in my absence they go for legal case and I am unavailable during me leaves? Although i have put funds in account, but will my absence be termed as if I ran away from country? What should I do so that my leave plan is not interrupted? Which is the authority i can inform that i am going for annual leaves for 20 days?

2. Is it really simple for the owner to go for legal case specially when i have already transferred funds in account or I am ready to pay him full cash amount provided he can return me the bounced cheque (whatever option he likes)?

Would appreciate any advice on this as i dont want to get into any trouble specially when my wife and daughter are with me.


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## Arunbalats (Aug 11, 2013)

If you have funds on the account against which you have drawn the account, you have nothing to worry. I would suggest you don't deal with this mediator. He is probably trying to rip you off. I have seen several cases like this here, clients come to me with similar problems on a daily basis. If you want to settle the issue by handing over the money directly, make sure you get the cheque back and also an acknowledgment from the landlord. Otherwise you are just leaving yourself open for problems in the future. Hope that helps!


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## javavsdotnet (Feb 7, 2014)

Thanks for your reply. Yes at the moment enough funds are available. The day when he submitted the cheque, funds were not available but on next day i submitted enough funds for him.

But the query if it can be a problem for me if i go on vacation and am unavailable for 20 days?
If he really files a legal case, then someone would check my account first if funds are available or they will simpley accept the complaint of owner?

And yes you are right. I know he trying to earn as much from me as he can ...


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## Arunbalats (Aug 11, 2013)

As long as he hasn't presented the cheque in the bank and it hasn't come back bounced, you are fine.
Even if it's bounced, all you need is to pay a fine for the bounded cheque. You can find out what the current status is by checking with your bank.


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## javavsdotnet (Feb 7, 2014)

Well, as i stated, cheque was submitted by owner in the bank and it bounced. So bank put a penalty in my account and sent the cheque back to owner. Now cheque is with owner.


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## w_man (Apr 16, 2010)

Personally - I would give priority to getting the cheque back the same day you give this person cash! Don't worry too much about going on vacation etc.

I would keep all the discussions via e-mails so you have written proof of telling this individual about the money being in the bank for him to cash out. Also, keep it in writing that you have mentioned to him that you're going on leave so it's in his best interest to cash the cheque as soon as possible so if there are any further issues, you can help resolve them.

If he wants cash, he MUST provide the cheque to you at the same time of collecting the cheque. Write up a small contract - like a paragraph where you state, you are collecting the cheque (cheque number etc) and instead giving cash for the rent of the property (property address etc). Make him sign it, make a copy of the cheque, make a copy of his emirates ID/passport.

In the worst case scenario, he will try to create a legal case against you and they'll stop you at the airport when you return. But you have the funds and if you have all the correspondence, you can show the police, pay the guy and get on with it. On the other hand, if you just give him cash and he keeps the money and the landlord later starts a case against you with the bounced cheque - you'll be in a heap of trouble.

Of course, try to talk directly to the landlord - that would be ideal.

Good luck!


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## Mr Rossi (May 16, 2009)

A bounced cheque from the bank is only that, it isn't an automatic embargo. Someone still has to file a case with the police, which is a bit of a pain unless you have wasta. 

I'm not 100% sure but if the cheque was written to your landlord privately then this mediator will also need power or attorney to make a case against you. If he's an employee and it's a company cheque then he can make the case easier. 

Even if a case is made against you the worst that can happen is you are arrested either leaving or entering the country and spend 2-3 days in a holding cell while your wife pays the 7k. 

The best scenario is a policeman calls you and says a case has been made against you. You offer to go to the police station and pay the amount in front of the policeman and the case is resolved there and then. This is a how a lot of these cases are sorted, especially for amounts like you're talking.

I'm no legal expert and this is all completely anecdotal.


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## FAYE ENCHANTED (Feb 7, 2016)

*Bounced cheque issued by a friend who borrowed money*

Dear All,

My friend borrowed AED 10,000 to from me pay her tenancy contract renewal with promises to pay me after a month. She issued a PDC cheque dated 5th of Dec 2015 of same amount, but its been more than 3 months now and whenever I go to the bank, there no money deposited in her account. I've been trying to contact her (in whatsapp, facebook, text message, Skype, instagram) for months so she could pay me back but to no avail. She's been avoiding me for months now. I need to pay the renewal of my tenancy contract next month and I need this money ASAP.

Where shall I go to I could file a complaint? Shall I bring this issue to the Police Station so she could pay me back the soonest?

Appreciate your opinion guys.

Thanks & best regards,
Faye


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## twowheelsgood (Feb 21, 2013)

Tell your 'friend' you are about to do the following unless she turn up in 24 hours with physical cash

Take the cheque to the Bank and pay it in - it'll bounce and the bank will return the cheque.

Go to the Police station and file a case against her.

The person who owes you money is not your friend.


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