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Showing posts from October, 2023

Can a debtor request a payment plan from a debt collector in Dubai?

Yes, debtors in Dubai have the right to request a payment plan from a debt collector, and this option can often be a beneficial arrangement for both debtors and creditors. Requesting a payment plan allows debtors to manage their financial obligations in a more structured and manageable way, reducing the burden of a lump-sum payment. Here's how debtors can request and negotiate a payment plan with a debt collector in Dubai: Contact the Debt Collector: Debtors should initiate contact with the debt collector to express their intention to negotiate a payment plan. This can be done in writing or by phone. Provide Financial Information: Debtors should be prepared to provide detailed information about their financial situation to the debt collector. This may include income, expenses, assets, and liabilities. Transparency is key in demonstrating the debtor's willingness to resolve the debt. Propose a Payment Plan: Debtors can propose a specific payment plan that outlines how they inten

What is the Consumer Protection Law in Dubai and how does it protect debtors?

The Consumer Protection Law in Dubai, specifically Federal Law No. 24 of 2006, serves as a crucial piece of legislation aimed at safeguarding the rights and interests of consumers, including debtors. This law provides a framework for protecting consumers from unfair practices, ensuring the quality of goods and services, and addressing disputes between consumers and businesses. Here's how the Consumer Protection Law in Dubai protects debtors: Unfair Practices: The Consumer Protection Law prohibits unfair practices by businesses, including debt collectors. This means that debt collectors cannot engage in deceptive, misleading, or fraudulent practices when attempting to collect a debt. For example, they cannot make false claims or use deceptive tactics to pressure debtors into paying. Transparent Information: Debt collectors are required to provide clear and accurate information to debtors about the debt they are attempting to collect. This includes providing details about the origina

What is the role of the UAE Debt Collection Association in debt collection in Dubai?

As of my last knowledge update in September 2021, there was no specific organization or association called the "UAE Debt Collection Association" that played a prominent or regulatory role in debt collection in Dubai or the wider UAE. However, it's essential to note that the landscape of debt collection and financial regulations can change over time, and new associations or organizations may have emerged since then. In the absence of a specific UAE Debt Collection Association, the regulation of debt collection practices in Dubai and the UAE is primarily overseen by government authorities and legal frameworks. Key points to understand about the regulation of debt collection in Dubai include: Federal Law: Debt collection practices in the UAE are regulated by federal laws, such as Federal Law No. 18 of 1993, which outlines the legal framework for debt collection and sets the rules that debt collectors must follow. Regulatory Authorities: Regulatory oversight of financial acti

Can a debt collector in Dubai contact a debtor outside of regular business hours?

Debt collectors in Dubai are subject to specific regulations and guidelines governing their contact with debtors, including restrictions on contacting debtors outside of regular business hours. These regulations are in place to protect the rights and well-being of debtors and to ensure fair and ethical debt collection practices. Here are important considerations regarding debt collector contact with debtors outside regular business hours in Dubai: Reasonable Contact Hours: Debt collectors are expected to adhere to reasonable contact hours when communicating with debtors. Generally, these hours are considered to be between 8:00 AM and 9:00 PM, from Sunday to Thursday. Contacting debtors outside of these hours is typically discouraged and may be considered harassment. Weekends and Public Holidays: Debt collectors should avoid contacting debtors on weekends (Friday and Saturday) and official public holidays, as these are considered non-working days in Dubai. Contacting debtors on these da

How long do debt collectors in Dubai have to respond to a debtor's request for proof of the debt?

 In Dubai, debt collectors typically have a legal obligation to respond to a debtor's request for proof of a debt within a reasonable timeframe. While specific timeframes are not always explicitly defined in the law, it is generally expected that debt collectors should respond promptly and within a reasonable period, often within 30 days. However, the exact timeframe can depend on various factors, including the complexity of the debt and the availability of the required documentation. Here are some important points to consider regarding the timeframe for debt collectors to respond to a debtor's request for proof of a debt in Dubai: Reasonable Timeframe: Debt collectors are expected to respond within a reasonable time after receiving a written request from the debtor. This is to ensure that debtors are not unduly delayed in their efforts to verify the debt. Complex Cases: In cases involving complex financial transactions or disputes, it may take more time to compile and provide

What documentation is required for a debt collector to prove a debt in Dubai?

 In Dubai, debt collectors must provide specific documentation to prove the validity of a debt when requested by a debtor. The documentation required to establish the legitimacy of a debt typically includes the following: Original Agreement: The most critical document is the original agreement or contract between the debtor and the creditor. This agreement outlines the terms and conditions of the debt, including the loan amount, interest rate, repayment terms, and any other relevant details. It serves as the foundation for the debt. Account Statements: Debt collectors should provide detailed account statements that show the history of the debt, including all transactions, payments made, and any interest, fees, or charges incurred. These statements should be clear and accurate, demonstrating how the debt has evolved over time. Debt Assignment Documentation: If the debt has been transferred or sold to a collection agency, the collector must provide documentation that proves the legal ass

Can a debtor request proof of the debt from a debt collector in Dubai?

Yes, debtors in Dubai have the legal right to request proof of a debt from a debt collector or creditor. This request for proof, often referred to as debt validation or verification, is an essential step in the debt collection process and allows the debtor to ensure the accuracy and legitimacy of the debt being pursued. Here's how debtors can request proof of a debt in Dubai: 1. Written Request: The debtor should send a written request for debt validation or proof of the debt to the debt collector or creditor. This request should be made in a formal and clear manner, preferably through registered mail or email, to maintain a record of the communication. 2. Specific Information: The written request should include specific information, such as the debt account number, the amount claimed, and the name of the creditor or collector. This information helps identify the debt in question. 3. Request for Documentation: In the written request, the debtor should explicitly request documentati

What are the penalties for debt collectors who engage in harassment in Dubai?

Debt collection Dubai are subject to strict regulations and ethical standards to ensure that they do not engage in harassment or abusive behavior when attempting to collect a debt. Violating these regulations can result in penalties and consequences for debt collectors. Here are some of the penalties that debt collectors may face if they engage in harassment in Dubai: 1. Fines: Debt collectors who engage in harassment or violate debt collection regulations may be subject to fines imposed by regulatory authorities or the courts. The fines can vary depending on the severity of the violation. 2. License Suspension or Revocation: Regulatory authorities, such as the Dubai Economic Department, have the authority to suspend or revoke the license of a debt collection agency or individual collector found guilty of harassment or unethical practices. This can effectively put the collector out of business. 3. Legal Action: Debtors who have been harassed by debt collectors in Dubai have the right

How can a debtor report harassment by a debt collector in Dubai?

Reporting harassment by a debt collector in Dubai is essential to protect debtors' rights and ensure that debt collection practices adhere to the law. If a debtor believes they are being harassed by a debt collector, they can take the following steps to report the harassment: Maintain Records: Keep detailed records of all communication with the debt collector. This includes phone calls, emails, letters, and any other forms of communication. Note dates, times, and the content of conversations. Cease and Desist Letter: If the harassment continues after notifying the debt collector to stop contacting you, consider sending a formal cease and desist letter via registered mail. This letter should clearly state your request to cease further communication regarding the debt. Contact the Creditor: If the debt collector is acting on behalf of a creditor, it may be useful to contact the original creditor to inform them about the harassment you are experiencing. They may intervene on your beha

What actions are considered harassment in debt collection in Dubai?

 In Dubai, as in many jurisdictions, debt collectors are strictly prohibited from engaging in harassment or abusive behavior when attempting to collect a debt. Harassment can take various forms, and it is important to recognize actions that may be considered harassment in debt collection practices: Excessive Contact: Repeated and excessive phone calls, emails, or text messages to the debtor with the intent to annoy, intimidate, or pressure them into making payments can be considered harassment. Debt collectors should communicate with debtors in a reasonable and respectful manner. Threats and Intimidation: Debt collectors must not threaten debtors with violence, legal actions that they cannot or do not intend to take, or harm to the debtor's reputation. Threats of physical harm, legal consequences beyond what is legally permissible, or damage to one's social standing are considered harassment. Verbal Abuse: Using offensive language, derogatory remarks, or insults when communicat

Is it possible for a debt collector in Dubai to harass a debtor?

No, debt collectors in Dubai are prohibited from harassing debtors. The United Arab Emirates (UAE) has specific laws and regulations that govern debt collection practices, and these laws are designed to protect the rights and dignity of debtors. Harassment or abusive behavior by debt collectors is not only unethical but also illegal. Here are some key points to understand regarding debt collection practices in Dubai: 1. UAE Federal Law No. 18 of 1993: The UAE has a federal law, known as Federal Law No. 18 of 1993, that regulates debt collection practices. This law outlines the legal framework for debt collection and sets the rules that debt collectors must follow. 2. Prohibition of Harassment: Debt collectors in Dubai are explicitly prohibited from engaging in abusive, threatening, or harassing behavior when attempting to collect a debt. Harassment can include excessive phone calls, verbal abuse, threats of violence, or any other behavior that causes emotional distress to the debtor. 3

How can a debtor prevent debt collection in Dubai in the first place?

Preventing debt collection in Dubai is a prudent approach that can help individuals and businesses avoid the legal and financial consequences of unpaid debts. Here are several proactive steps debtors can take to prevent debt collection in the first place: Budgeting and Financial Planning: Maintain a well-structured budget and financial plan that helps you manage your income and expenses effectively. This can prevent you from overspending and accumulating debts beyond your means. Emergency Fund: Build an emergency fund to cover unexpected expenses, such as medical bills or repairs, without resorting to credit or loans. Having savings can prevent the need for debt in times of crisis. Debt Avoidance: Whenever possible, avoid taking on unnecessary debt, especially high-interest loans or credit cards with exorbitant fees. Make informed financial decisions and prioritize saving over-borrowing. Timely Payments: Always make payments on time for bills, loans, credit cards, and other financial o

What are the consequences of losing a debt collection case in Dubai?

Losing a debt collection Dubai case in Dubai can have several significant consequences for both debtors and creditors. The specific consequences may vary depending on the nature of the debt, the court's judgment, and other factors. Here are some potential consequences of losing a debt collection case in Dubai: Payment Obligation: If a debtor loses a debt collection case, they are typically legally obligated to pay the debt amount as specified in the court's judgment. This may include the original debt amount, interest, penalties, and any legal fees incurred by the creditor. Asset Seizure: To satisfy the debt, the court may authorize the seizure of the debtor's assets, such as bank accounts, real estate, vehicles, or personal property. The seized assets may be sold, and the proceeds used to repay the creditor. Wage Garnishment: In some cases, the court may order wage garnishment, where a portion of the debtor's income is deducted directly from their salary to repay the

Can a debtor represent themselves in a debt collection case in Dubai?

Yes, debtors have the legal right to represent themselves in a debt collection case in Dubai. However, whether or not self-representation is advisable depends on the complexity of the case, the debtor's knowledge of UAE laws, and their ability to navigate the legal process effectively. Here are some important considerations for debtors representing themselves in debt collection cases in Dubai: 1. Legal System Complexity: The legal system in Dubai, like many jurisdictions, can be complex and may involve intricate rules and procedures. Debtors without legal experience may find it challenging to understand and navigate the legal process effectively. 2. Knowledge of UAE Laws: Debt collection cases in Dubai are governed by UAE laws and regulations, including the UAE Federal Law No. 6 of 2018 on Finance Leases. Debtors representing themselves must have a good understanding of these laws to protect their rights and interests. 3. Legal Documentation: Preparing legal documents, such as peti

What is the role of a lawyer in debt collection in Dubai?

 A lawyer plays a vital role in debt collection in Dubai, as the process can be complex and is governed by specific legal regulations. Here are the key responsibilities and roles that a lawyer fulfills in the debt collection process in Dubai: 1. Legal Assessment: A debt collection lawyer in Dubai begins by assessing the client's case. They evaluate the debtor's financial situation, the nature of the debt, and the available legal options. This assessment helps determine the most appropriate course of action. 2. Strategy Development: Based on their assessment, the lawyer develops a debt collection strategy tailored to the specific circumstances. They advise the client on the best approach, whether it involves negotiation, settlement, legal action, or other methods of debt recovery. 3. Compliance with UAE Laws: Dubai has stringent regulations governing debt collection and bankruptcy. A lawyer ensures that all debt collection activities are conducted in strict compliance with UAE l

Can a debt collector in Dubai seize a debtor's bank account?

Yes, a debt collector in Dubai can potentially seize a debtor's bank account, but this process involves legal procedures and must be conducted within the boundaries of the law. Here's how debt collectors can go about seizing a debtor's bank account in Dubai: 1. Legal Process: Debt collection Dubai typically begins with a legal process that includes obtaining a court judgment against the debtor. This judgment confirms the debt owed and authorizes the debt collector or creditor to take steps to recover the debt, including seizing assets, such as bank accounts. 2. Court Order: To seize a debtor's bank account, a court order or judgment is necessary. The debt collector or creditor must file a lawsuit against the debtor and obtain a favorable judgment from the court, which specifically allows for the seizure of bank accounts. 3. Execution Proceedings: Once the court issues an order for execution, a court-appointed enforcement officer, often referred to as a "bailiff,&q

How can a debtor protect their assets from seizure in Dubai?

 Protecting assets from seizure in Dubai is a matter of understanding the legal framework and taking proactive measures to safeguard one's property. Here are some strategies debtors can consider to protect their assets: 1. Negotiation and Settlement: The best way to protect assets from seizure is to avoid reaching a stage where creditors resort to legal action. Open communication with creditors is crucial. Debtors should explore options for negotiation and settlement, such as agreeing on a payment plan or debt restructuring, to address outstanding debts amicably. 2. Legal Advice: Seek legal counsel from a qualified attorney experienced in debt collection and bankruptcy laws in Dubai. A knowledgeable attorney can provide guidance on the most appropriate strategies for your specific situation and help protect your assets within the confines of the law. 3. Asset Protection Planning: Asset protection planning involves structuring your financial affairs in a way that makes it more diffi

Can a debtor's assets be seized in Dubai?

Yes, in Dubai, as in many jurisdictions, a debtor's assets can be seized under certain circumstances as part of the debt collection process. However, it's essential to understand the legal framework and procedures governing asset seizure in Dubai to ensure compliance with the law. 1. Court Order: In Dubai, asset seizure typically requires a court order. This means that creditors must initiate legal proceedings against the debtor and obtain a judgment from the court confirming the debt owed. The court will then issue an order allowing for the seizure of the debtor's assets to satisfy the debt. 2. Types of Assets that Can Be Seized: Debt collection efforts can target various types of assets, including bank accounts, real estate properties, vehicles, valuable personal items, and even business assets. The specific assets that can be seized depend on the nature of the debt and the court's orders. 3. Execution Process: Once the court issues an order for asset seizure, a court

What are the eligibility criteria for filing for bankruptcy in Dubai?

Filing for bankruptcy in Dubai is governed by the UAE Federal Law No. 9 of 2016 concerning bankruptcy (the "Bankruptcy Law"). To initiate bankruptcy proceedings, individuals and companies must meet specific eligibility criteria. Below, we outline the key requirements: 1. Financial Distress: To be eligible for bankruptcy in Dubai, the debtor (individual or company) must demonstrate that they are facing financial distress, which means they are unable to meet their financial obligations as they fall due. Financial distress may result from various factors such as insolvency, liquidity problems, or excessive debt. 2. Debtor's Domicile or Residence: For individuals, they must either be domiciled in the UAE or have their main residence in the country. For companies, eligibility is based on their place of incorporation or registration in the UAE. 3. Outstanding Debt Threshold: The Bankruptcy Law establishes a minimum threshold for the amount of outstanding debt required to initia

What is the process for filing for bankruptcy in Dubai?

 Filing for bankruptcy in Dubai is a complex legal process governed by the UAE Federal Law No. 9 of 2016 concerning bankruptcy (the "Bankruptcy Law"). If you are struggling with overwhelming debt and considering bankruptcy as a last resort, here's a brief overview of the process: 1. Seek Legal Advice: Before proceeding with bankruptcy, it is advisable to consult with a qualified attorney who specializes in bankruptcy cases in Dubai. They can assess your financial situation, advise you on whether bankruptcy is the right option, and guide you through the process. 2. Eligibility and Categories: Under the Bankruptcy Law, there are two categories of bankruptcy: preventive composition and bankruptcy. Preventive composition is available for individuals or companies facing financial difficulties but aiming to avoid full bankruptcy. Bankruptcy is the process for those unable to meet their financial obligations. 3. Preparing the Petition: If bankruptcy is the chosen path, a bankrup

What are the legal fees for suing a debtor in Dubai?

In Dubai, like many other jurisdictions, pursuing legal action against a debtor involves a series of legal steps and associated fees. Debt collection in Dubai is a matter governed by strict regulations, and it is crucial to understand the cost implications before initiating legal proceedings. Legal Consultation Fees: Before taking any legal action, it is advisable to consult with a qualified debt collection agency or a lawyer who specializes in debt recovery in Dubai. These professionals can provide insights into the specific case, assess its merits, and guide you on the best course of action. Consultation fees can vary based on the complexity of the case and the reputation of the professional you engage. Filing Fees: The cost of initiating a legal case against a debtor in Dubai includes filing fees with the appropriate court. The exact amount can vary depending on the value of the debt and the specific court in which you file the case. Different courts may have different fee structure

Can debtors negotiate settlements with creditors in Dubai?

 Yes, debtors can negotiate settlements with creditors in Dubai. Debt settlement negotiations are a common alternative to legal action and can provide a mutually agreeable solution for both parties. Here's a comprehensive FAQ on debt settlement negotiations in Dubai: Can Debtors Negotiate Settlements with Creditors in Dubai? 1. Yes, debtors in Dubai have the option to negotiate settlements with their creditors. This process involves reaching an agreement with the creditor to resolve the debt for a reduced amount or through modified repayment terms. 2. When should debtors consider negotiating settlements? Debtors may consider negotiating settlements when they are unable to repay the full debt amount or when doing so would cause financial hardship. It can be an option for avoiding legal action and achieving debt resolution. 3. How does the negotiation process work? The negotiation process typically involves the following steps: a. Contacting the Creditor: Debtors can initiate contact

What are the consequences for debtors who do not repay their debts in Dubai?

Debtors who do not repay their debts in Dubai can face several consequences, as Dubai has legal mechanisms in place to protect the rights of creditors and ensure that debts are repaid. These consequences are enforced within the framework of Dubai's legal system and are designed to encourage debtors to fulfill their financial obligations. Here are the key consequences for debtors who do not repay their debts in Dubai: 1. Legal Proceedings: One of the primary consequences for debtors is the initiation of legal proceedings by the creditor. Creditors can file a case in the Dubai Courts to seek a judgment against the debtor for the outstanding debt. 2. Court Judgments: If the court rules in favor of the creditor, it will issue a judgment specifying the amount owed by the debtor. This judgment is legally enforceable and serves as a formal order to repay the debt. 3. Enforcement of Judgments: To enforce the judgment, creditors can obtain an enforcement order from the court. This allows th

Are there alternatives to pursuing legal action for debt recovery in Dubai?

 Yes, there are alternatives to pursuing legal action for debt recovery in Dubai. While legal action is a viable option, it can be time-consuming and costly. Debtors in Dubai have various legal rights, and the courts often encourage creditors and debtors to explore alternative methods of resolving disputes. Here are some alternative approaches to consider for debt collection Dubai : 1. Negotiation and Settlement: Engaging in negotiation and settlement discussions with the debtor is a common alternative. Creditors can work with debtors to reach an agreement on repayment terms, which may include a lump-sum payment, installment plan, or partial settlement. A negotiated settlement can be a more efficient and less confrontational way to recover debts. 2. Mediation: Mediation is a voluntary process where an impartial third party, known as a mediator, assists both parties in reaching a mutually agreeable solution. Mediation can be particularly effective when both parties are willing to resolv

What are the timeframes for debt collection in Dubai?

Debt collection Dubai timeframes can vary significantly depending on various factors, including the nature of the debt, the cooperation of the debtor, and the chosen debt collection approach. Here is an overview of the typical timeframes associated with debt collection in Dubai: 1. Informal Debt Collection (Days to Months): The initial stages of debt collection, which involve informal attempts to contact the debtor and negotiate repayment, can take anywhere from days to several months. This timeframe largely depends on the debtor's responsiveness and willingness to cooperate. 2. Legal Proceedings (Months to Years): If informal collection efforts prove unsuccessful, creditors may opt to initiate legal proceedings in Dubai. The duration of legal proceedings can vary significantly: Small Claims Tribunal: Smaller debt disputes (typically less than AED 100,000) may be resolved relatively quickly through the Small Claims Tribunal, with decisions often rendered in a matter of weeks or a

Can I engage a debt collection agency to recover debts in Dubai?

Yes, you can engage a debt collection agency to help you recover debts in Dubai. Debt collection agencies in Dubai specialize in recovering unpaid debts and have expertise in navigating the local legal and regulatory framework. Here's a detailed FAQ on engaging a debt collection agency for debt recovery in Dubai: Can I Engage a Debt Collection Dubai Agency to Recover Debts in Dubai? 1. Yes, you can engage a debt collection agency in Dubai: Debt collection agencies are experienced in the debt recovery process and have the knowledge and resources to effectively pursue unpaid debts on your behalf. 2. When should I consider hiring a debt collection agency in Dubai? You should consider hiring a debt collection agency when: Informal attempts to recover the debt, such as sending reminders and demand letters, have been unsuccessful. The debtor is unresponsive or uncooperative. You want to avoid the time and effort involved in pursuing legal action on your own. 3. How does a debt collectio

What documents do I need to initiate debt collection proceedings?

Initiating debt collection Dubai proceedings in Dubai requires careful documentation and adherence to legal procedures. Gathering the necessary documents is a critical step in the process. Here are the key documents you'll need to initiate debt collection proceedings in Dubai: 1. Debt Documentation: Copies of all relevant documents that establish the existence of the debt. This may include invoices, purchase orders, contracts, loan agreements, promissory notes, or any other written evidence of the debt. 2. Proof of Debt: Detailed records and transaction history demonstrating the debt's origin, outstanding balance, and any payments made or missed. 3. Communication Records: Copies of any communication between you (the creditor) and the debtor, including letters, emails, faxes, and records of phone calls. These documents can establish your attempts to collect the debt amicably. 4. Demand Letter: A copy of the formal demand letter sent to the debtor, outlining the debt's detai

How do I begin the debt collection process in Dubai?

Initiating the debt collection Dubai process  involves a systematic approach that adheres to local laws and regulations while respecting the rights of both creditors and debtors. Here are the key steps to begin the debt collection process in Dubai: 1. Verify the Debt: Ensure that the debt is valid, legally enforceable, and falls within the applicable statute of limitations. Review all relevant documents, contracts, invoices, and records to confirm the debt's existence and amount. 2. Attempt Informal Contact: Begin by attempting informal contact with the debtor. This can include phone calls, emails, or letters reminding them of the outstanding debt. Maintain a record of all communication for documentation purposes. 3. Formal Demand Letter: If informal attempts fail, send a formal demand letter. The demand letter should outline the debt's details, the amount owed, the payment due date, and consequences for non-payment. Mention your intention to take legal action if necessary. 4.

Are there specific laws governing debt collection in Dubai?

Yes, there are specific laws and regulations governing debt collection Dubai , which are designed to ensure fairness and protect the rights of both creditors and debtors. Understanding these laws is essential for anyone involved in debt collection activities in Dubai. Here are some key laws and regulations relevant to debt collection in Dubai: 1. UAE Civil Code: The UAE Civil Code, Federal Law No. 5 of 1985, contains provisions related to debt collection. It outlines general principles governing obligations, contracts, and liabilities, which are relevant to debt recovery. 2. Dubai Debt Recovery Regulations: Dubai has specific regulations governing debt collection practices. These regulations aim to prevent abusive or unethical practices in debt collection. They require debt collectors to follow certain ethical guidelines and refrain from using harassment or intimidation tactics. 3. Dubai Courts Law: The Dubai Courts Law (Law No. 3 of 1992) outlines the organization and functioning of t

What is the typical debt collection process in Dubai?

 The debt collection process in Dubai follows a structured legal framework designed to protect the rights of both creditors and debtors. Here is a typical overview of the debt collection process in Dubai: 1. Informal Collection Efforts: Contact the Debtor: The process usually begins with informal attempts by the creditor to contact the debtor directly to remind them of the outstanding debt. Demand Letters: If initial contact is unsuccessful, creditors often send formal demand letters outlining the debt's details, payment terms, and consequences for non-payment. These letters serve as an official notification of the debt. 2. Negotiation and Settlement: Negotiation: Creditors may engage in negotiations with debtors to agree on a repayment plan or settlement that both parties find acceptable. Repayment Agreements: If an agreement is reached, the terms are typically documented in a legally binding repayment agreement that specifies the repayment schedule and conditions. 3. Legal Action