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check with no date and currently non-existing bank

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Arresto Menor
Good day,

This is the case of my mother. Year 2000 she issued a check (equitable pci bank) to a person she owed money. The amount in the check is 47,000 pesos. Aside from the issued check, she payed on a daily basis, 50-100 a day depending upon the income of the store.There was also a verbal agreement of an interest to be paid on top of the principal amount. Unfortunately, the store closed already year 2005 or 2006. So the daily payments stopped. However, from her records, a small notebook signed daily by the person who received the money, the totalled amount paid reached to 138,000 already.

At present, the person my mother owed, uses the check she issued to verbally harass and involve the police in summoning her for negotiations. She already told the person that she cannot pay her anymore besides from the records she is already paid.But still insists that she pays.

Because of the verbal and other forms of harrassment my mother received from her, it is better maybe that we wait for her to file a case then we answer in the court.

My question po attorney, can the person use a check that at the moment the bank is not existing anymore and with no date for a case?

Thank you very much. God bless!

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