A mother sues her daughter over an advance of 100,000 dirhams

An Asian woman filed a lawsuit to demand that her daughter return the amount of 100,000 dirhams that she borrowed from her, and she did not fulfill her promise to return it, while the daughter denied the mother’s allegations, and demanded that the lawsuit be rejected for lack of truth and proof, and it was based on transferring the amount to a joint account between them.

After referring the case to the financial expert by the court, and examining the case papers and preparing his report, the mother initially rejected it, then decided to end the dispute with her daughter and proved this before the civil court in Dubai.

In detail, a woman of the nationality of an Asian country registered a lawsuit that was referred to the civil court after it was not possible to reach an amicable settlement in which she demanded that her daughter be obliged to pay her an amount of 100 thousand dirhams, in addition to the legal interest of 5% from the date of the judicial claim, fees and expenses, and legal fees.

The plaintiff said in support of her lawsuit that her daughter wanted to establish a limited liability company with another person, and asked her to lend her an amount of 100 thousand dirhams to deposit it in the company’s account in order to show the existence of a balance in it, and she promised her mother that she would not dispose of that amount, and would return it directly as soon as the procedures were completed. Establishment of the company.

The plaintiff added that, as a way of assistance, she took the initiative to transfer the amount to the defendant’s account in the form of two payments, each of 50 thousand dirhams, and pointed out that she later asked her to return the amount after she established the company, but she refused without any justification, which prompted her to register a lawsuit against her, and presented a portfolio. Documents included images of WhatsApp conversations between the two parties to the dispute, and a copy of a bank transfer issued by the bank.

The defendant appeared before the court and submitted a response memorandum in which she denied what was stated in the statement of claim, and requested that it be rejected for lack of truth and proof, and that the plaintiff be obligated to pay the fees and expenses.

She attached a portfolio of documents that included a copy of the data of a joint bank account between her and her mother, the “plaintiff,” and a picture of WhatsApp conversations. Before deciding on the matter, the court decided to assign an accounting expert to look at the papers.

The expert concluded in his report that the defendant asked the plaintiff to transfer an amount from her personal account to deposit it in the account of a company she intends to establish. He pointed out that, according to conversations that took place between the two parties, the mother asked her defendant daughter to return the amount to the bank account from which it was transferred, and the daughter responded that she You will receive a refund.

The report explained that after contacting the bank concerned with the incident, it turned out that the money had been transferred from a joint account between the plaintiff and the defendant to a personal account in the latter’s name in another bank.

He pointed out that the defendant admitted to the expert that the money deposited in the joint account comes from the mother’s salary, and then the expert leaves it to the court to decide the extent of the plaintiff’s right to the claimed amount. If it sees that the amount is a loan by the plaintiff in favor of the defendant, then The latter’s debt is occupied by 100 thousand dirhams for her mother.

In response to the expert, the plaintiff’s agent submitted a follow-up memorandum in which he adopted the conclusions of the experience, while the defendant appeared in person, and submitted a memorandum in which she objected to the report, and at its conclusion she originally requested that the case be referred to a different expert, and as a precaution, the case was rejected for lack of validity and proof, and she submitted a copy of the correspondence. An exchange between her and the expert related to the subject of the case.

In the final stage of the lawsuit, the mother retracted her position and decided to leave the dispute and proved this before the court.

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