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Asking for legal opinion/help

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1 Asking for legal opinion/help on Tue Feb 26, 2013 4:04 pm


Arresto Menor

I and my friend "X" bought a car from a car company (ABC, Corp.) payable by monthly installment. When the car was already in our possession but before first monthly due set in, we decided to look for a buyer who is willing to pay us P300K and also willing to undertake our monthly obligation to ABC, Corp. My friend X told me that he knew a prospective buyer "Y" and will try to convince him to give us P300K and to undertake our monthly obligation. X approached Y and able to convince Y to give us P300K and to undertake our monthly obligation to ABC, Corp. Y had been paying the monthly due but not until the 4th monthly installment. From the time the 4th monthly due set in until now, Y lost his interest in fulfilling his undertaking. The worst thing now is he is hiding, nowhere to be found. Same with X.

My problem now is ABC Corp is demanding the return of the car and told me that if I won't return the car they will sue me, civilly and criminally.

Considering the foregoing premises, I would like to ask the following questions:

1. What would be the case that might be filed by ABC Corp against me? Will I be sued for estafa, carnapping?

2. Can I file a case against Y or X or both?

3. What can I do to retrieve the car so I can return it to ABC?

Please reply... I really need your legal opinion on this matter. THANK YOU.

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2 Re: Asking for legal opinion/help on Tue Feb 26, 2013 5:23 pm


Arresto Menor
My husband worked for a Danish company, an executive branch of Devex in Mauritania (French Africa) for about a month .Under his contract, he should've been paid his professional fees on November 26, 2012. To this day, despite solicitations for payment, they refuse to remit and give a lot of excuses not to pay. They are in clear violation of the contract but we can not sue them as legal forum is in Denmark. Because of their on paymentand non remittance of my husband's fees,we have suffered heavy penalties and charges slapped by the credit card companies. We have been in arrears since November and have suffered not only moral damages but have had our credibility shot. Our own local bank has threatened to confiscate our accounts as payment for our credit card arrears. We have had to give up our car as we couldn't keep up with the mortgage payments. I stand to be hauled to court for Estafa for post dated cheques I have issued to a bank for a personal loan. We stand to be evicted from our rented apartment for non payment. we have difficulty paying our utility bills. We have no other resources and can hardly afford a decent meal. We survive selling whatever furniture we have, People who've been synpathetic to our plight though they've been given up as they too have financial poblems of their own. Incredulous as it may seem, we found ourselves with a foreign company that refuses to pay it's expert's services already rendered.Is there a way to work out something with our creditors? We certainly can not stand any persecution now nor suffer any jail time. We would die in jail. I'm 62 and my husband's 73. Could you help us, please?

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