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estaffa - swindling of money

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1 estaffa - swindling of money on Mon Apr 09, 2012 5:54 pm


Arresto Menor
Hello, I have a question regarding the swindling of money in a business related matter.
I made 10 installments of capital to a business owner in exchange for the profit to be split between us 30/70%.
The business owner lied and deceived us, and used the money for her own purposes. It was for products supplied to Gaisano and NCCC malls which were never delivered or were used for other things by the business owner. We have JOINT BUSINESS AGREEMENT for each injecion of capital that she signed. It mentioned the amount of money and the profit amount to be split. We didnt see any of that money. So, we wish to file estaffa cases on each count. Once we learned we were defrauded, I told her to pay us all the money back. She said she didnt have the money any more. So, we made a collateral agreement that she pay us back 111k each month til its paid off and if she missed two months payments, we could collect the listed collateral. I have been reading that we need to give her a demand letter. Is that true for that kind of swindling? Its not a bouncing check and that is where the demand letter or letter of dishonor is really important. She took the money and didnt deliver the product to the malls. Then when she received some payments from the malls, she hid that from us, and we can prove that.
So, do we still need a demand letter? If so, can it be delivered in person, rather than certified mail? Authentication seems really problematic.

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