estafa case, please help
1 estafa case, please help on Thu Oct 25, 2012 2:02 pm
3 threating me to sue estafa on Sun Nov 04, 2012 6:51 am
im reading this forum for few days now, but i really thought of sending you my story and help me on this. pls allow me to give you the whole story..it might be long.
i have worked in a construction firm in manila before ive got hired here abroad. my friend asked me if i could get partner with her on the business "pautang" with 10% interest/month. i didnt invested capital on it, it was my friend and my job is to get interested borrowers, do all the legworks, withdraw money from the borrowers ATMs (lately she handles the borrowers ATMs), collect the payments, return the remaining money to borrower, remit it to her, do account reports, including the risks of whenever she issues check without funds, i explain everything to the borrower and solve it with the former.out of the work she give me 2% commission. it started from 10k collectibles and eventually booms up to 140k most of the time, in every 15th and 30th of the month. as per my report she profited nearly 400k in more than a year let me say also, with the help of all my sacrifices.
so, the construction comes closer to an end. some workers and staff were terminated. we ended up few more bad accounts less than a dozen. i settled 4 (ranging from 15k - 25k each) accounts which i had personally paid for her including the interest. i told her i will just pay some on my own just to get rid of whatever misunderstanding it may cause. so i had sacrificed. i set aside my personal account. of course lately, she already arguing with me, demeaning words she thrown at me.
when i got hired abroad, i left my business partner should i say with my personal account (remaining balance of 18k from 32k including interest) and 3 remaining bad accounts (although nabawasan na to nila ng mga borrowers, ATMs of the borrowers are with her, natanggal sa work kaya d natapos bayaran. ranges from 15k - 25k each)
so when i send money to my wife, i asked my wife to deposit payment to friend's account. although, i have received constant follow up of payments twice in every month, fb messages etc. just a month ago, i failed to pay her because di kasya..but im thinking by next month i guess bawi ako...however, i was already bombarded with hurting words, txt messages, fb messages, she texted insulting words to my wife. again, she was threating me na mahaharass lang kami daw, pati wife ko, pati family ko sa province sa mga subpoena na ipapadala sa akin. she will sue me estafa because nga may 3 pang unclosed accounts. including narin sa balnce ko, so this month, i have decided to just pay her all my remaining balances amounting to 10400. so i am already fully paid.
my questions po atty:
1. on the 3 bad accounts, isa dun, (when i was still in my previous work) i had let somebody signed the promissory note in behalf of the borrower , because he was not around the time na magkikita na kami and mag remit na ako ng pera. when my friend mag iissue na ng check i have called the borrower regarding dun in which my friend heard our conversation over the phone...she then released the check on the amount borrowed. also the ATMs of the borrowers are all with her.
By the way, these 3 bad accounts mentioned are just renewed loans already, meaning meron na silang account before sa kanya like many times na renew, only that your last renew lang nag palya. also, nag start na sila mag bawas dun sa utang nila only that hindi nila na bayaran buo...
Makaksuhan ba ako ng estafa, dun sa pinapirma kong promissory note instead of borrower? which is nangyari naman yun dun sa iba, na iba ung nagpirma kasi hindi available ung humihiram, although bayad naman at alang problema?
2. before i have promised to her na sige dahan dahanin ko nalang bayaran ung bad accounts para ala ng mahabang diskusyon which i did nga sa 4 previous account, pero sa natanggap ko na panlalait and insulting words pati asawa ko na out of our trasactions, dinamay pati family ko in the province threatened sa subpoena and haharass lang, im thinking, maybe i should not pay her in behalf of the other borrowers...this should not be fair. magagamit ba nya ung promis ko na magbayad..?
atty, kasi i am really willing to just pay na lang sana to avoid misunderstanding, pero s inasal nya di ko na gustuhan...what if mangyari na naman na magipit kami...insultuhin na naman kami..ang d ko matanggap pati asawa ko binabastos at iniinsulto nya na shes out of our trasaction naman....
3. nasa abroad ako, pano po kung mag kaso sya? pwede ho bang kasuhan nya asawa ko..if not, so akong kasuhan nya..pano un e dito ako labas ng pinas...
ATTY help po, just to lighten up my minds.d naman siguro siya kikita ng ganun kalaki if pinagtatapon ko lng pera nya...sorry sa haba..gusto ko lng sana makita talaga the whole scenario...
THANKS THANKS PO more power
4 Re: estafa case, please help on Thu Nov 08, 2012 6:28 pm
I know it's not a big amount but I just don't have the money. I have a job now pro ako kasi ang breadwinner and my lola is very sick, I could not shed money to pay for my loan. It goes for food and medicine.
The loaner told me to visit their office. I'm fearful that if I go their without money, they might trap me for imprisonment. I can also promise to pay cause I don't really know how to pay our debts. Marami na kaming utang sa probincya and sa mga relatives namin.
I was also told that they will file a case against me in my province. I no longer lived their as I am in Cebu, I visit their twice a year lang. Their office is in Cebu too.
Here are my concerns:
What case can they file against me? will I go to jail?
Can I get an advise from PAO?
Please help me. Salamat po.
6 Re: estafa case, please help on Sun Nov 18, 2012 2:24 pm
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