Insight:
Collect your debts

Effective strategy to recover your unpaid invoices

June 2017

Avoid further loss and stress, use these effective debt recovery strategies to get results.

To recover debts effectively and efficiently, a company needs a process in place allowing:

  • recovering of outstanding debts
  • ongoing evaluation on the likelihood of success
  • the ability to make a decision at any time to stop further costs being incurred, if debt recoverability turns out to be highly doubtful.

Banks Legal has a proven track record in obtaining results and can help you.

Recovery Strategy

In the UAE, good debt recovery strategy is divided into two stages

  1. Pre-litigation
  2. Litigation

Stage 1: Pre-litigation

Carrying out the following steps in an organised and consistent manner is a proven successful method of collecting debts in the UAE, and is much more time and cost efficient than going direct to courts.

Gather all relevant information relating to the debt, including copies of any agreements, orders, invoices, bills of lading/air way bills, delivery notes, copies of correspondence and the full contact details of the debtor.

If possible make enquiries, to assess the status of the debtor and if there are likely to be assets in the jurisdiction applicable to the possible recovery.

You may find debtors have ceased trading and/or left the UAE, and/or are already the subject of claims. This can impact the commercial viability of pursuing the debt, depending upon the amount in question.

Contact the debtor via email or telephone, and meetings. If a response is received, at this point make a further assessment of the best course of action. This may include agreeing a payment plan with the debtor.

If no response is received, or considered pointless to pursue further communication, you may send a letter before action to the debtor requesting debt settlement and reserving your right to take further action, including issuing proceedings against the debtor for the debt recovery.

Where the debtor has bounced cheques, you may also reserve your right to take action for the bounced cheques (this can be persuasive as in the United Arab Emirates dishonouring cheques is a criminal offence punishable by imprisonment).

It is also an option at this stage to serve a notarised letter of demand.

Stage 2: Litigation

Should Stage 1 not result in payment, you may decide to proceed with taking court action for recovery of moneys from the debtor.

  • Engage a local UAE advocate, as only local advocates may appear as counsel before a UAE court.
  • A Power of Attorney must be put in place to the advocate, to be submitted to the court.
  • Statements of claim are prepared.
  • Debtor memorandums will be submitted to the court.
  • The local advocate will attend hearings along with experts (if relevant).
  • Settlements may need to be negotiated and agreed with the debtor.
  • Attachment orders may need to be obtained over the debtor's assets.

 


 

Key Contacts

Our team have a wealth of experience from leading international law firms and a number of in-house environments. More than just experts in their practice areas, our people are dedicated, engaged professionals who take the time to understand our clients' businesses.

Nathan Banks
Founder & Managing Partner
+971 50 189 3276

Andrew Morris
Partner
+971 50 653 8148

Key

Contacts

Our team have a wealth of experience from leading international law firms and a number of in-house environments. More than just experts in their practice areas, our people are dedicated, engaged professionals who take the time to understand our clients' businesses.

We deliver our services with a focus on quality and achieving impressive results

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