What are the legal options to impose a travel ban on a friend who is a debtor?
Answer:
Lending money to friends and family can sometimes lead to complications, especially when the borrower fails to repay the debt. In these situations, creditors may question whether they have legal options to recover their money.
Under Federal Decree-Law No. 42/2022, on the Promulgation of the Civil Procedure Law, this article will discuss the possibility of seeking a travel ban against a friend who owes you money based on the provisions of the law.
Debtor’s Detention and Travel Ban:
Federal Decree-Law No. 42/2022, specifically, the provisions of the law under The Debtor’s Detention and Travel Ban and Other Precautionary Measures, outlines the legal framework for seeking a travel ban against a debtor. While it primarily deals with creditors and debtors.
The law provides guidelines for seeking a travel ban against a debtor. To initiate this process, the following conditions must be met:
The debt must not be less than AED 10,000 unless it is prescribed alimony or a work-related obligation.
The debt must be known, payable, and not subject to any conditions. If the debt is not of a specific amount, the judge may temporarily evaluate it based on written evidence presented by the creditor.
The creditor seeking the travel ban must provide a guarantee to the court accepting responsibility for any harm or damage that may be caused to the debtor due to the travel ban if the creditor’s claims are proven to be unjust.
Procedure for Seeking a Travel Ban:
The creditor should apply to the competent judge by expressing the fear that the debtor might flee the country.
The creditor ensures that proper written evidence supports the claim. If the judge deems the documents insufficient, they may conduct a brief investigation.
The judge may order the debtor to deposit their passport at the court’s treasury to prevent travel while the case is under consideration.
If the judge is satisfied with the creditor’s application, the judge may issue a travel ban order, which may be circulated throughout the state’s outlets.
The debtor has the right to file a grievance against the travel ban order through specified procedures.
Duration and Conditions for Lifting the Ban:
Article 325 of the law specifies that the travel ban order remains in force until the debtor’s obligation to the creditor expires for any reason.
The competent judge may terminate the order under the following conditions:
If any of the conditions required for the travel ban order are no longer valid
If the creditor consents in writing to the termination of the order.
If the debtor provides an adequate bank guarantee or a reliable surety accepted by the judge, the guarantee, including the surety’s undertaking along with the judgment or order, is considered a writ of execution.
If the debtor deposits an amount equal to the debt and expenses at the Court’s treasury, designated for satisfying the creditor’s claim. This amount is legally considered seized by law in favour of the creditor.
If the creditor fails to provide evidence of filing the debt action within 8 days of the travel ban issuance or does not initiate enforcement of the final judgment within 30 days of its finalization.
If three 3 years have passed since the last accurate enforcement procedure of the final judgment, and the creditor who succeeded in the case does not submit a request to the execution judge to proceed with judgment execution.
If a request is received from competent authorities stating that the stay of the person banned from travelling in the country has become illegal, and he is to be expelled. This applies when there is no evidence to prove that the individual has funds within the country that can be subject to execution.
Article 326 specifies that the provision of travel bans does not apply to foreigners subject to extradition orders issued under international judicial cooperation in criminal matters.
In summary, seeking a travel ban against a friend who owes you money is possible under Federal Decree-Law No. 42/2022, provided that the conditions and requirements of the law are met.
