If you issued a cheque that bounced, the first priority is not to make your position worse: do not ignore the demand, do not sign an acknowledgement and do not hand over a new cheque before you have taken advice. On the issuer’s side, we work from what the cheque was for, what has been paid and what has actually been filed, because those facts set the real exposure.
I issued a cheque that bounced: what now?
An issuer is usually facing a demand, a claim or an execution notice, and the response should depend on which it is. We read what has been served and note any date it states. We then check whether the underlying debt is owed in full, in part or not at all. Only then do we decide whether to pay, negotiate, defend or do a mix of these.
- Step 01
Read what has been served
A demand letter, a claim and an execution notice are three different things with three different next steps. We note every date on the papers.
- Step 02
Test the cheque and the debt
Was the cheque given for a real debt, was the amount right, was it filled in as agreed, and has anything been paid since? These questions decide what exposure there may be.
- Step 03
Check for a criminal angle
Criminal liability is now the exception rather than the rule (see civil or criminal?), and it depends on the facts. We tell you honestly whether anything in your file raises that question.
- Step 04
Protect your position
We look at settlement, instalments, a challenge to the amount or the cheque, and whether any measure against your accounts or travel is a real risk.
- Step 05
Settle in writing, or defend
Where something is genuinely owed, a written settlement is usually better than enforcement. Where it is not, we defend on the documents.
What exposure may there be?
On the civil side, the exposure is a claim for the amount of the cheque, possible enforcement against your assets, and costs and compensation where the law allows. Whether any criminal question arises depends on the position set out under civil or criminal? and on your facts, so we do not treat it as automatic and we do not ignore it.
Points a defence may raise
- The debt was not owed, or not owed in that amount.
- The cheque was given as security for something that never happened, or for an obligation that has ended.
- The cheque was altered, or completed differently from what was agreed.
- A payment has been made that is not reflected in the claim.
- The signature is not yours, or the signatory had no authority.
- The cheque was presented at the wrong time, or when it should not have been.
Whether any of these points helps depends on the evidence you hold, and a point that is raised late or without evidence may not count. That is why we ask for the papers before we give a view.
Bounced cheque travel ban Dubai: what the risk looks like
Bounced cheque travel ban questions usually come from issuers who are about to travel or who have just been told that a case exists. A court can impose a travel ban on a debtor in specified circumstances, but whether one is available in a cheque case, on what conditions and at what stage depends on the law and the facts, so we assess it case by case and do not promise an outcome either way. If you are worried, tell us before you plan to leave, and see our travel ban lawyer page.
Freezing and enforcement against an issuer
Once enforcement starts, the creditor can look for assets to pursue, which may include bank accounts. If an account of yours is frozen after a cheque problem, the route to release depends on what sits behind the freeze, such as an execution file, a complaint or the bank’s own review. See our bank account frozen lawyer page, and the section on enforcement and travel below.
On a cheque you issued we typically:
- review what has been served and the dates on it
- check the debt, the amount and any payments you have made
- negotiate a written settlement or instalment plan you can meet
- defend the claim or the execution case where the debt is not owed in that amount
- advise on the criminal side if an allegation of fraud or bad faith is made
Before you sign anything. Do not sign an acknowledgement of debt, a settlement or a new cheque until you have shown it to a lawyer. An acknowledgement can be treated as written proof of the debt, and a replacement cheque can create a fresh problem.