Some delayed its response ... and a legal advisor advises documenting it
The advance is a means of social bonding that may end with the loss of friends
Muhammad Waheed: "Financial dealing with a bank transfer guarantees the creditor his rights."
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Many are ashamed of the refusal of a friend or relative's request, or even a life partner, to help him with some money as a "loan", to resolve an emergency crisis he was exposed to, because the nature of the relationship between them necessitates that he do so, according to what they say.
They refuse to document their financial transactions with their relatives and acquaintances, ignoring the possibility of loss in their financial adventure, and insist that the principle is that people support each other.
But some people procrastinate in repaying the debt, and may completely deny it and consider it his right, which spoils the social relationship between the two parties, even if they are close to each other.
This may force them to resort to the judiciary ... especially if the advance is large.
This occurs even when participating in an “association” with their surroundings, as they pay its monthly installments, and are surprised by the escape of one of the association’s members or his refusal to pay off his debt.
The corridors of the courts have recently witnessed repeated cases of this kind, including a lawsuit filed by a wife against her husband, who loaned him 60,000 dirhams, and then a dispute occurred between them.
When she asked him to pay off the debt, she denied her and refused to acknowledge any sums she owed, so she resorted to the judiciary, but the court rejected her request because there was no evidence to confirm the authenticity of her words.
In another incident, the protagonists of two ex-spouses also, a man participated with his wife in buying a land, and he paid one million dirhams of its price, then the divorce took place between them, so he demanded the amount with which he participated in the purchase of the land, but she refused, so he resorted to the court, and he had no evidence of validity His words.
In a third case, a woman went to court, accusing another woman of appropriating 65,000 dirhams, the value of an “association”, indicating that she was paying the defendant a monthly subscription fee.
On the date set for the arrest, the other procrastinated, then completely repudiated her.
She attached her lawsuit with a photocopy of a statement issued by a bank stating that a monthly sum was transferred to the defendant's account, and a photocopy of WhatsApp messages between them. The court obliged the defendant to pay the amount to the plaintiff.
There are countless similar cases in which the owners decide to accept the financial loss that they have suffered, accompanied by the loss of a brother, friend, colleague or neighbor.
However, their personal values still prevent them from documenting the debts they lend to others, and they consider this to be "unacceptable" from an ethical standpoint.
Abu Rashed (merchant) says that he used to not return a financial request to his friends or relatives, especially if he was able to do so, as he must stand by them in emergency circumstances, rejecting the idea of taking a bond or evidence proving his debt even if the other refuses to pay.
He continued, "The basic principle in financial transactions between individuals is that they are based on trust and honesty."
As for Muhammad Saeed (an employee), he says: “I lost many of my friends and acquaintances because of my advances. I loaned them sums of money, on the promise that they would return it soon, but they were stalling.
If I had any document proving their indebtedness, I would not seek to sue them. ”
Abu Omar stresses the importance of choosing reliable people from friends and relatives when wanting to lend to them, or participate with them in financial matters, move away from lending new acquaintances and friends, and take adequate precautions to prove the debt.
“There are debtors who deny that they received money as an advance,” he said.
Therefore, adequate guarantees must be taken, regardless of the value of the advance.
For his part, Legal Counselor Mohamed Waheed emphasized the importance of taking precautions in financial transactions, to avoid falling into fraud, and to preserve rights in judicial disputes.
He said that debts or participation in an “association” are among the forms of financial transactions, even if they are governed by custom, because they are between acquaintances and friends.
However, documenting it does not harm any of the parties, but rather reassures everyone.
He added: “There are disputes between members of many associations, because one of them is late in paying the installments due, or his refusal to return the sums he received.
Here the legal responsibility rests on the director of the association, who is responsible for managing, organizing and accepting its members.
He pointed out the importance of dealing in financial operations in such matters by transferring the amount from the bank account, in anticipation of any future dispute, because this guarantees the creditor's rights and allows him to obtain proof that he actually transferred the amount to the other party.
He advised not to deal financially in such matters with strangers and unknown persons, and to take adequate precautions to ensure financial rights before the courts, in the event of a problem, procrastination or denial of the other party.
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