Protecting Your Business Against Payment Defaults Best Practices for Accepting Cheques

A cheque feels like safe money until the day it comes back from the bank with a return stamp on it. Cheques are still all over UAE business: rent, supplier invoices, project milestones, and service fees. Plenty of customers simply prefer them. But when one bounces, the lost amount is only part of the damage. You also lose weeks chasing it, and your cash flow takes a hit you didn’t plan for. 

The good news is that most of this can be avoided with a few precautions before you accept the payment. And if something still goes wrong, the law now gives you a quick route to get your money back. Below we go through what to check on a cheque, how to size up a customer, which payment methods are safer, and what to do when a cheque bounces.

Why a bounced cheque hurts more than it looks

Think about what has already happened by the time a cheque bounces. You’ve probably paid your own suppliers or staff, or committed to rent, on the strength of that money arriving. So one missed payment can mean dipping into reserves, and smaller businesses feel that first. It’s far easier to turn down a doubtful cheque on the spot than to chase it for months. 

Check the cheque before you accept it

Just look at it properly before you take it. Most of the trouble is visible right there on the paper. 

  • The payee’s name should match your company name on the trade licence, letter for letter 
  • The amount in words and in figures must agree. If there’s overwriting or a scribbled correction, ask for a new cheque 
  • Check the date. If the cheque is post-dated, note it in your records, because a cheque is usually presented within six months of the date written on it 
  • The signature should be complete and look like the one the bank holds. A mismatch is one of the most common reasons for a return, so if you can, watch the customer sign 
  • It should be drawn on a UAE bank, with the line of numbers along the bottom clean and readable

Company cheques need one more check: who signed it? Ask for the trade licence and something that shows the person is allowed to sign, such as a board resolution, a power of attorney, or the signatory details in the company documents. If the signer had no authority, you’re in a much weaker spot when you try to recover the money. 

Know who you're dealing with

The cheque only tells you so much. The customer tells you more. Before you sign a contract or hand over goods or services, get the basics: 

  • A trade licence and company details, or an Emirates ID or passport copy if it’s an individual 
  • A phone number, email, and address that actually work 
  • References from other suppliers or a bank letter on bigger deals 
  • A credit report, if the amount is large enough to justify one

And scan or photocopy both sides of every cheque before you deposit it. If it turns into a dispute, you’ll be glad you did. 

Match the payment method to the risk

A personal cheque isn’t always the right tool. On bigger or riskier deals, another method can do the same job with less exposure. 

Situation  Safer option 
Large one-off payment  Manager’s cheque or bank transfer 
Long project with staged work  Milestone payments tied to deliverables, or an advance 
Customer who often pays late  Upfront payment or shorter payment terms 
Recurring services  Direct debit 
Deposit or performance security  Bank guarantee or escrow 

If a default would genuinely hurt you, trade credit insurance is worth a conversation with your broker. And whatever method you choose, put the payment dates, amounts, and late payment consequences in the contract. A cheque proves a debt, but it doesn’t explain the deal behind it. 

Don't let cheques sit in a drawer

Deposit them quickly. For post-dated cheques, keep a simple list of due dates, even a basic spreadsheet, so none of them slips past you. If the account can’t cover the full amount, the bank can pay what’s there and write that amount on the cheque, and you can still go after the rest. The longer you wait to present a cheque, the more time a struggling customer has to spend the money elsewhere. 

If a cheque bounces

First, don’t panic. Then work through it in order: 

  1. Get the bank’s return memo and keep the original cheque. Read the reason on the memo carefully, because it affects what you can do next
  2. Call the customer and ask for payment or a replacement cheque. A lot of cases end here
  3. If that fails, send a formal written demand with a short deadline
  4. Still unpaid? Apply to the Execution Court

Under Federal Decree-Law No. 50 of 2022 (the Commercial Transactions Law), a cheque returned for insufficient funds, or for no funds at all (and, following the principle adopted by the Judicial Principles Unification Committee, because the account was closed) is treated as a writ of execution. So, you can go straight to the Execution Court without filing a full lawsuit. Expect to bring the original cheque, the return memo, your trade licence if you’re a company, and ID. The court normally gives the drawer a short window to pay, and after that, enforcement can follow: frozen accounts, seized assets, and travel bans. 

A few things to keep in mind. A bounce for insufficient funds isn’t automatically a criminal matter anymore, although forged cheques, deliberate stop-payment orders, and similar bad-faith conduct can still bring criminal exposure. Cheques in DIFC and ADGM follow a separate framework. And the exact reason on the return memo can change which route is open to you, so get it checked before you file. 

Watch the time limits

Claims on a cheque are subject to limitation periods under Article 670 of the Commercial Transactions Law. A court will not hear a claim that has lapsed if the defendant objects on that ground and there is no valid excuse for the delay. In summary:

  • A holder’s claim against the drawer, the endorsers, and others liable on the cheque lapses two years after the end of the presentation period, which is roughly two and a half years from the date written on the cheque 
  • A holder’s claim against the drawee bank lapses three years after the end of the presentation period 
  • Claims between those liable on the cheque lapse one year from the day one of them paid the cheque, or from the day he was sued for payment 
  • These periods do not apply to claims against a drawer who never provided funds to cover the cheque, or who provided them and then withdrew all or part of them, or to claims against other parties who made an unlawful gain 

The practical lesson is the same as before: present the cheque promptly and act on a return without delay. 

How Maaf Legal helps you prevent payment defaults

Most of our work on payment defaults happens long before anything bounces. Here’s where we usually come in: 

  • Contract review and drafting, so your payment terms, milestones, late payment consequences, and security are spelled out clearly 
  • Advice on safer payment structures, such as bank guarantees, escrow, and staged payments for riskier deals 
  • Cheque guidance: a practical policy for accepting, recording, and presenting cheques, and for issuing and signing them on behalf of your company 
  • Letters before action and formal notices that get a late payer’s attention 
  • Payment plans and out-of-court settlements, where keeping the business relationship is worth it 
  • Debt recovery, cheque execution and creditor claim in court, if it gets that far

Worried about a payment default or holding a cheque that already bounced?

Don’t wait for the problem to grow. Talk to Maaf Legal about your payment terms, your cheque practices or a dishonoured cheque you’re dealing with right now. We’ll go through your documents, explain your options, and help you act before your position weakens. 

Frequently Asked Questions

Start with the basics: the payee’s name should be yours, the amount in words and figures should match, the date should be right, and the signature should be complete. If a company wrote the cheque, check that the signer is actually authorised. And if you see overwriting, ask for a fresh cheque instead of hoping the bank will accept it. 

Often, yes. Under Federal Decree-Law No. 50 of 2022, a cheque returned for insufficient funds or no funds (or, on the Judicial Principles Unification Committee’s approach, a closed account) counts as a writ of execution, so you can apply directly to the Execution Court with the original cheque and the bank’s return memo. Check the return reason first, though, because it can affect your route. 

Generally, six months from the date written on it. The bank may still pay after that period (Article 651), but delay can put the holder at risk, including the possible loss of the cheque’s status as a writ of execution. The debt itself doesn’t disappear, and you can still pursue it through other legal routes, within the limitation periods in Article 670. 

Not automatically. A return for insufficient funds is mostly handled through civil execution now. Bad-faith conduct, like forged cheques or deliberately telling the bank to stop payment, can still lead to criminal exposure. 

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

Mai Alfalasi Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday