Kindly read below agreement. This is the problem I am currently facing right now to get back my capital investment. In first 11 months the investee is doing good and I get my monthly interest through my bank but for the 12 month which is the last month of the contract, I did not get the interest. By that time I told the Investee never mind the last month interest and I decided to withraw my capital investment at the end of the contract. Last day of the contract I was expecting but no money came in my account because that was stated on the agreement and until now 6 months is already passed I feels like my money will become water. Now I decided to obtain legal advise on what is the first move that should I take so that I can get my money back. This agreement is notarized by an Attorney. Please help me.
INVESTMENT AGREEMENT & PROMISSORY NOTE
Date: _____________________ Amount: ___________________ Maturity Date: ___________________
Investor Witness: _______________________________
Investee Witness: _______________________________
FOR VALUE RECEIVED/CAPITAL INVESTED, the undersigned Investee unconditionally promises to pay to the order of An-Mabel Bautista, its successors and assigns, without Set off, at its address indicated at the beginning of this Promissory Note (this "Note"), or at such other place as may be designated by (Name of Investor), the principal amount of (Amount of Money Invested in word) (Php), together with interest computed monthly on the outstanding principal balance hereunder, a t a monthly interest rate , and/ or in accordance with the payment schedule, indicated below.
1. INTEREST RATE. The interest shall be four (4%) percent of the Invested Capital (Amount of Money Invested in word) (Php) equivalent to (amount of bearing interest which is 4% of invested capital) (Php) per month.
2. The advance five (5) months interest amounting to (Capital x 4% x 5mos)(Php) will be given to the Investor a week after the principal has been given to the investee.
3. The succeeding interest of four (4%) percent will be given on the 6th month for the continues tenure until reach the maturity date which is after 12 months.
4. Principal amounting to (Amount of Money Invested in word) (Php) will be given to the investor together with the last month interest on the 12th month.
5. The investor has an option to r evolve his/her investment after the maturity date.
For the straight monthly collection of profit from the Invested Amount of (Amount of Money Invested in word) (Php) for 12 months.
Invested Amount P50, 000.00
Date: August 10, 2011
Monthly Interest = Php 2,000.00
Total Interest/Profit after a twelve month term = 12 x Php 2, 000.00 = Php 24, 000. 00
The amount of Php 10, 000 is an advance interest for five (5) months will be given to the investor after a week the principal amount has been received by the investee.
The amount of Php 2, 000.00 will be paid to the Investor every month from February 10, 2012 until August 10, 2012 (which is the end of the term).
By August 14, 2012, which is the end of the term, the Invested Capital/Value of Php 50, 000 .00 will be paid off by the Investee to the Investor. Thereby ending the investment agreement or has an option to revolve the principal again.
A total of Eight ( Post Dated Checks will be issued by the Investee:
One (1) Pdc for the 5months interest/profit with the amount of Php 10,000.00
Sever (7) PDCs for the monthly interest/profit with the amount Two Thousand Pesos
(Php 2, 000. 00) dated every 10th day of every month from February y 10, 2012 to August 10, 2012.
One (1) PDC for the return of the Invested Capital with an amount of Fifty Thousand
Pesos (Php 50, 000) will be issued and will be dated August 10, 2012 is the end of the Investment term.
6. WITHDRAWAL OF INVESTED CAPITAL. The invested capital shall not be withdrawn by the Investor within the agreed term of Investment which covers the date of August 10, 2011 until August 10, 2012.
Subscribed and sworn to before me this ____________________________________________, affiant exhibiting to me this Community Tax Certificate No ______________________________, issued at _________________________________________________issued on _______________________.
ATTY _______________ _
PTR No ________________
DOC NO. ______________
PAGE NO _______________
BOOK NO _______________
SERIES of _______________
I am expecting best advise.