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Can I file a case against her?

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1 Can I file a case against her? on Fri Mar 02, 2012 11:35 pm

arjielyn


Arresto Menor
Good day Atty. LLL,
Could you please give me an advice what to do with an old friend who borrowed money from me?This is the our story. Last July 2011,she texted me and asking for help to lend her money.i told here i don't have but she begged that i help her so i told her,i know someone who's lending a money but they're giving 10% interest every 15 days.she promises to give back the money on august 12, 2011.she paid the interest twice since i lend her but on the following months,after failing to give the money back,she havent given anymore interest payments.she always promises to pay but to no avail,she never kept her promises that's why last feb 2012,i filed a complaint against her in there barangay.we agreed that she will give whatever amount she can get from her ex-boss that she filed complaint to the department of labor but i guess she is still telling a lie because she cant answer me straightly if her boss gave her any money.please,help me.i dont know what to do anymore.the amount is 40,000 php and this march 03, 2012, it already went up to 72,000.me and my husband is suffering to pay the interest every 3rd and 18th of the month.i've been crying everynight blaiming myself for believing her that she could pay me in time.please please please.help me,im begging you.i hope to hear from you soon attorney.thank you so much in advance...

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2 Re: Can I file a case against her? on Sat Mar 03, 2012 1:10 pm

arjielyn


Arresto Menor
Good day attorney.please please advice me.hope to hear fromyou soon.thank you so much.

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3 Re: Can I file a case against her? on Sat Mar 03, 2012 11:33 pm

attyLLL


moderator
file a small claims case to enforce the bgy agreement


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4 Re: Can I file a case against her? on Sun Mar 04, 2012 10:54 pm

arjielyn


Arresto Menor
thank you for your reply attorney.pero paano po ba ang eksaktong dapat kong gawin.sabi po kasi nung chairman nila dun before kami nagharap e idemanda ko n daw sya.bibigyan daw po ako ng endorsement kahit di na dumaan sa Lupon.pwede ko na po na syang kasuhan kahit ang ebidensya ko lng sa kanya e ung resibo ng pinadala kong pera na nakapangalan sa kanya at text messages nya sa akin always paromising na magbabayad sya.hope to hear fromyou again soon sir.maraming salamat po.nawa ay pagpalain pa kayo lalo ng ating Panginoon.

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5 Re: Can I file a case against her? on Sun Mar 11, 2012 9:47 am

attyLLL


moderator
rules of small claims case are on sc.judiciary.gov.ph


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6 Re: Can I file a case against her? on Tue Mar 20, 2012 10:32 pm

arjielyn


Arresto Menor
if i file a small claims case, are we going to see each other in court?if she be proven guilty and not pay me,what would be her possible punishment?just wondering.i hope u can answer my questions again. Thank you so much...

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7 Re: Can I file a case against her? on Wed Mar 21, 2012 10:45 pm

arjielyn


Arresto Menor
sir,if ever i file small claims case,it states that the value of the claim does not exceed php100,000 exclusive of interest and costs.does this mean that if the money she borrowed from me is 40,000 and went up to 75,000 with the interest as of march 18, i can only claim for the original amount or can also get the total interest totaling to 35,000?please have time to answer my queries.thank you so much again in advance.



Last edited by arjielyn on Wed Mar 21, 2012 10:52 pm; edited 1 time in total (Reason for editing : grammar)

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8 Re: Can I file a case against her? on Sat Mar 24, 2012 12:32 am

attyLLL


moderator
arjelyn, no guarantee that she will appear, but this is only for damages so there is no punishment.

you can claim the 75k


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9 Re: Can I file a case against her? on Thu Mar 29, 2012 10:29 am

arjielyn


Arresto Menor
thank you for the reply Atty.but what if she doesnt pay me after filing the small claims?would there be a chance for me to still collect the money?

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10 Re: Can I file a case against her? on Sat Mar 31, 2012 6:02 pm

attyLLL


moderator
you can ask the court sheriff to garish whatever property that you can find


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11 Re: Can I file a case against her? on Sun Apr 01, 2012 3:43 pm

arjielyn


Arresto Menor
Atty.Will be a bigger chance for me to collect the money if i can make her sign or agree in a promissory note even if not notarized?or better if notarized?thank you so much...

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12 Re: Can I file a case against her? on Thu Apr 05, 2012 8:26 pm

attyLLL


moderator
better if notarized, if she is willing to sign it.


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13 Re: Can I file a case against her? on Sat Apr 07, 2012 5:08 pm

arjielyn


Arresto Menor
Thank you again Atty.If she signed to the promissory but didnt pay at the specified date,what would i do?would there be a court punishment for her or wla talagang nakukulong sa utang kahit nakapirma?

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14 Re: Can I file a case against her? on Fri Apr 20, 2012 9:42 pm

arjielyn


Arresto Menor
Thank you again Atty.If she signed to the promissory but didnt pay at the specified date,what would i do?would there be a court punishment for her or wla talagang nakukulong sa utang kahit nakapirma?

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15 Re: Can I file a case against her? on Sun Apr 22, 2012 8:44 am

attyLLL


moderator
mere failure to pay a debt is not a crime.


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16 Re: Can I file a case against her? on Sun Apr 22, 2012 6:45 pm

arjielyn


Arresto Menor
ano po ang pwedeng mangyari kung ganun?kung nakapirma sya sa promissory note at di nakapagbayad sa specified date?

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17 Re: Can I file a case against her? on Thu May 31, 2012 11:28 pm

arjielyn


Arresto Menor
gud pm atty.ano po ang pwedeng mangyari kung ganun?kung nakapirma sya sa promissory note at di nakapagbayad sa specified date?

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18 Re: Can I file a case against her? on Sun Jun 03, 2012 12:39 pm

attyLLL


moderator
it entitles you to file a case for collection of a sum of money


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19 Re: Can I file a case against her? on Tue Jun 12, 2012 11:05 pm

annikabella08


Arresto Menor
Hi Atty,

ask ko lang po kung ano po ang dapat kung gawin? Meron po ako utang sa friend ko na perfume worth 5k di ko nabayaran for almost 2 yrs na kasi wala na ako work yung time na dapat ako magbayad. Ngaun po nag private message po siya sa akin sa facebook na kung di daw ako mag bayad ikakalat at ipost daw nya ang mga photos ko kasama ang mga anak ko para mapahiya po ako? Ano po ang dapat kung gawin kung itutuloy nya ito? nakiusap ako na babayaran ko pag mai pera na ako kasi sa totoo po ang bumubuhay sa akin ang mommy ko pati sa needs sa mga anak ko. Di na po kasi nag supporta asawa ko na nasa Dubai po nag work for almost 4 years na. Please attorney I need your advice hanggang this week lang po ang palugit nya sa akin.

Thank you po.

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20 Re: Can I file a case against her? on Wed Jun 13, 2012 11:26 pm

annikabella08


Arresto Menor
Hi atty.,

ano po ba ang dapat kung gawin? kasi ilang days na lang gagawin na nya na pahiyain ako sa mga nakilala sa akin sa pag post ng comment at pictures ko at ng mga anak ko. Ayaw ko sila madamay kaso ayaw din nya umintindi sa akin. Wala naman ako balak na takbuhan ko utang ko sa kanya kaso wala pa talaga ako pera.

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21 Re: Can I file a case against her? on Mon Jun 18, 2012 6:30 am

angelsoul


Arresto Menor
Hi atty, i also have the same issue with arjielyn ,a friend of mine borrowed money from way back 2010. and borrowed 20k because she needed it for her child.i told her i didn't have that amount too so what i did is that i borrowed money from my colleague that has an interest of 10% and the loan was under my name and my atm was placed on collateral. she was religiously paying for the 1st 2mos until all of a sudden she started making up reasons. i paid the loan for her since my atm was with the loan shark. i told her to pay me back instead since technically this is already my money. But it's been more than year now and she haven't paid me at all. She changed her contact number , blocked me from all of her social networking sites. i don't have any contact w/ her anymore and i also don't know her where abouts. i want to file a case against her but i don't know where to start.some of our friends knows where she stays and where her sister studies.give me some advise on this one.thanks

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22 Re: Can I file a case against her? on Sat Jun 23, 2012 11:34 pm

arjielyn


Arresto Menor
kahit mga itinuring nating mga kaibigan e tinatalo n din tau.haay.buhay nga nman.

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23 Re: Can I file a case against her? on Sun Jun 24, 2012 8:28 am

attyLLL


moderator
i recommend sending a demand letter then filing a small claims case. rules on sc.judiciary.gov.ph


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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24 Re: Can I file a case against her? on Wed Jul 11, 2012 11:54 pm

arjielyn


Arresto Menor
back to my problem attorney.can i also send the borrower a demand letter?can u please give me an example of a demand letter?thank you so much.hope to hear again from you soon...

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