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BP22: BOUNCING CHECK LAW

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1 BP22: BOUNCING CHECK LAW on Mon Aug 23, 2010 6:33 am

catcat


Arresto Menor
Good Day!

FACTS:
To start with, I had a business deal w/ my officemate last end of Nov 2009 in the total amount of Php50,000.00
We both agreed that it will incur 5% interest rate/month, unfortunately, without a written agreement.
She issued postdated checks as my guarantee.
Come 30May (Check Date w/ an amount of P65.000.00)
The check bounced!!
After that issue, I asked a written promissory note and an a acknowledgment letter that she received a money from me.
She promised to pay a break down of
Php 22,000.00 >> 30Jul2010
Php 22,000.00 >> 30Aug2010
Php 21,000.00 >> 30Sep2010
QUESTIONS:
My concern is, she did not pay on the very first date of the promissory note..
Never talaga siya nag advise ever..
Nakapag process na po ako ng demand letter -- registered mail
Nakipag negotiate siya w/ her lawyer last 20Aug2010.
My demand is for her to pay in full or if by installment, until sept30,2010 lang w/ 5%interest from June.
But it end up na nag add lang ng P6,500.00 so total of P71,500.00 lang po and payable until Dec30,2010
Dapat magbayad sya ng P30,000.00 until 30Sep2010.
Tapos yung the rest staggard na..
INsatead of filing the case is it worth it na maghintay kame til Dec30 or I should have filed the case..
Naisip ko kase small amount lang 'to pag dating sa court tapos mag undergo din kame mediation diba?

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2 Re: BP22: BOUNCING CHECK LAW on Tue Aug 24, 2010 12:55 am

attyLLL


moderator
did you already enter into an agreement or these are just your proposed terms?

you can file a criminal case for bouncing checks. you can also file a small claim and lawyers are not needed. the rules are on sc.judiciary.gov.ph.


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3 BP 22: BOUNCING CHECK LAW on Tue Aug 24, 2010 7:46 am

catcat


Arresto Menor
we already have an agreement atty. will be executed today...

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4 Re: BP22: BOUNCING CHECK LAW on Tue Sep 07, 2010 12:51 pm

niterisk


Arresto Menor
good day mam!
tindera po ako sa palengke ng divisoria, fruits and vegetable dealer may utang po sa akin ang buyer ko ng worth 254,163 total credit tapos binigyan niya ko ng check na worth 84,400 na hindi sa knya nkapangalan, at ito'y closed account na.
10 checks po lahat.
jan.23,09- 10,000
jan.27,09- 7,500
jan.31,10- 7,500
feb.5,10- 7,500
feb.8,10- 7,500
feb.11,10- 7,500
feb.17,10- 9,400
feb.20,10- 7,500
mar.7,10- 10,000
mar.14,10- 10,000
taga naga bicol po sila, nagpunta po ako ng bicol para mag pa blotter at para malaman kung kailan magbayad ang may utang sakin subalit di sya nakipag usap sa akin at ayaw din ng kapitan nila ipakausap dahil malaking halaga na daw ito at di na hawak ng brgy. dahil sa katatanong ko ay kababata niya daw pala ang kapitan. ano po bang gagawin ko kasi ang tseke n nkapangalan ay walang transaction sa akin subalit sila ay magkaibigan nung may utang sa akin na tao. ako po ay walang tinda ngayon dahil naubos na. tapos yung may utang sa akin nagpapakasasa sa pera at ang ganda ng bahay. sana po ay matulungan nyo ako.



Last edited by niterisk on Tue Sep 07, 2010 12:54 pm; edited 1 time in total (Reason for editing : wrong amount number for mar.14,10)

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5 Re: BP22: BOUNCING CHECK LAW on Tue Sep 07, 2010 11:00 pm

attyLLL


moderator
did you deposit these checks? are any of them stamped 'account closed'.
to whom are the checks payable to? cash? or you? why only 84k total when the debt is 200k+?

your first step is to write a letter to both the issuer of the check and the person you transacted with. send it by registered mail with return card.

if they do not respond, you should prepare a complaint affidavit. you can consider filing estafa against the person who you transacted with and bp 22 against the issuer of the check. good luck.


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6 Re: BP22: BOUNCING CHECK LAW on Wed Sep 08, 2010 8:51 pm

niterisk


Arresto Menor
thank you po sa reply nyo.
opo, naideposit ko po ito nung march 3,2010 na stamped po ng account closed at pay to cash po yun. dahil ang sabi nya po wag ko muna ipasok yung tseke at papalitan nya ng iba dahil sa tiwala ko sa knya sinunod ko ang gusto nya nag intay po ako ng 3 months bago ko pinasok ang tseke kaya umabot po ng 254,163 ang utang nya dahil patuloy pa rin po ako nagpapadala ng perishable goods sa kanya, dahil nga ang sabi sa akin nung mga nakakakilala sa kanya mayaman yun at babayaran ako... tapos yun pala lolokohin lang ako nung tao na yun.pero meron po syang mga sulat kamay na resibo sa mga check number n binigay nya sa akin at text message, kaya lang po wala kaming official receipt kasi po divisoria lang kami. pero meron po ako mga witness na may transaction namagitan sa amin. manalo po ba ako kung magtuloy kami sa kaso? malakas daw po kasi sa bicol itong may utang sa akin. gaano po katagal ito maaksyunan? thank you po!

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7 Re: BP22: BOUNCING CHECK LAW on Wed Sep 08, 2010 9:14 pm

attyLLL


moderator
if it is necessary to go into litigation, file your case at the court of your residence if civil or where the checks were handed to you if criminal. the absence of official receipt is not fatal because you have the checks. the handwritten receipts are good evidence also.

if a criminal case, prelim investigation takes about 6 months and trial 1-2 years.

civil case, 1-2 years


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maddi


Arresto Menor
Good day po. Gusto ko po malaman kung magkano po ang bail ng estafa at bp22. Nagkaroon po ako ng utang sa isang tao ng P50,000.000. May written agreement po yun. Nag issue po ako ng blank check. At wala po laman yun. Last year pa nangyari ito at yung kaso nasa fiscal na. Binalewala ko po yun. Ngaun hinahanap na po ako ng arresting officer. Ano po ang magandang gawin at magkano po ang bail ko pag ganyan ang halaga ang nakuha ko para kahit papano po makapag-ready na ako.
Maraming Salamat po.[b]

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9 Re: BP22: BOUNCING CHECK LAW on Sat Oct 09, 2010 10:28 am

attyLLL


moderator
punishment is 1 month to 1 year and/or fine. bail will be around P3,000 unless it has been increased because you did not appear. go to the court and file bail asap.


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10 Re: BP22: BOUNCING CHECK LAW on Sat Oct 30, 2010 10:11 am

shanmei


Arresto Menor
good morning po ask ko lang po may warrant of arrest po ba ang bp 22??
salamat po

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11 Re: BP22: BOUNCING CHECK LAW on Mon Nov 01, 2010 2:15 pm

attyLLL


moderator
if you don't appear at the arraignment, a warrant will be issued.


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12 Re: BP22: BOUNCING CHECK LAW on Mon Nov 01, 2010 4:56 pm

shanmei


Arresto Menor
sir wala po akong natatanggap na subpoena,,basta ang natanggap ko
na lang po ay resolution na may nakalagay na preliminary investigation is no longer needed tapos sa huli po nakalagay recommended for bail, may warrant po ang ganon?? at nakarecord na po ba sa nbi ang ganon??

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13 Re: BP22: BOUNCING CHECK LAW on Tue Nov 02, 2010 10:24 am

attyLLL


moderator
preliminary investigation for bp 22 is optional. it will not hurt to file a motion for reinvestigation if you have proof that you already paid for the check.

no, i doubt if it has already been recorded at the nbi.


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14 Re: BP22: BOUNCING CHECK LAW on Tue Nov 02, 2010 7:49 pm

shanmei


Arresto Menor
good evening po, matatawag po ba na bp 22 pa rin kahit nagsara na yong bangko??? salamat po

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15 Re: BP22: BOUNCING CHECK LAW on Tue Nov 02, 2010 9:18 pm

attyLLL


moderator
that depends, and i'm not sure if this has been settled by the supreme court.

to my mind, if the bank closed with your account holding an adequate amount, then that may be a valid defense in bp 22. if the bank closed but you did not have enough money in it and you did not pay within 5 banking days when they notified you, then bp 22 can still prosper.


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16 Re: BP22: BOUNCING CHECK LAW on Wed Nov 03, 2010 2:08 pm

dyan_inc


Arresto Menor
hi atty.
ng loan po ako s lending agency pra pmbayad s placement agency q to abroad.ni recomend aq ng agency s lending n 2.pngopen kmi ng co borrower q ng cheke s 1 bangko n bnigay nla pti n yung 5k n open s chequing acc.ble yung loan is 200k payable in 1 yr.abot cya ng 28k++ per mo.pgka loan bnayad kgad nmin diretso s agency yung pera,pero ndi po aq npaalis ng agency so I tell them to bring back the money to me or the lending co.d q alam n ngkipg usap pla yung agency q s lending at ngisyu lang cla ng pdc in payment of my loan.ng isyu nman ang lending acknowledgement reciept s pdc nya d po aq pumayag till ngpgawa cya ng affi.n cya n ang me responsible s loan q s lending binigyan q po ng copy ang lending nun.akala q po ok n q pero 1mo. lang pla ang bnayad ng agency then ngayun wala n po cla n cancelled n poea yung agency nya.d q n po mhagilap yung presidente ng agency kinasuhan po aq ng lending ng bp 22 kc aq dw po ang orig. me utang s knila they file 3 cheques 84k++ lhat gus2 nla byaran q yung 84k or case n kmi ala po aq gnun pera ala din po ako abogado what will I do gus2 q po byaran kso installment lang kc wala po aq gnun kalaki halaga pero ayaw nman po nla pumayag gus2 nla lhat n.pls help me,thnx

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17 Re: BP22: BOUNCING CHECK LAW on Wed Nov 03, 2010 6:26 pm

attyLLL


moderator
i'm sorry if this seems snobbish, but please don't use text spelling. i don't like reading text spelling because i often misinterpret what is being said and i have to take up a lot of time translating what you mean.


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18 Re: BP22: BOUNCING CHECK LAW on Wed Nov 24, 2010 11:21 am

adchem


Arresto Menor
hi

please advise me on this.

my parent's has a case of bp22/estafa on an accounts payable amounting to 17000 with a check, 5000 pesos...this is from goods/products gotten for sale in our business which got bankrupt and closed.

the check is marked account closed. the check is dated june 29 2005. the notice of dishonor is dated july 11 2005.

on march 1, 2010 another notice of dishonor and final demand letter was received. (which is 5 years after bouncing of cceck)

the case was filed and so i attended for my parents for the first hearing... the settlement should be done last week...I was suppose to pay about 7000 but the day of next settlement was declared holiday... I was not informed on the next date of second hearing so I wasnt abe to come.

The prosecutor wants me to submit counter affidavit asap or else she will decide already. What in written in a counter affidavit? Can I write it for my parents since we cant afford a lawyer?

Can i question the length of time they filed a case? 2005 to 2010 is a long time... I thought 4 years is the prescription period for bp 22?

If not and I need to submit counter affidavit asap. What do I write on it on behelf of respondents? What happens if I cant submit one? Please give me an advice... Thank you very much.

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19 Re: BP22: BOUNCING CHECK LAW on Thu Nov 25, 2010 12:45 pm

attyLLL


moderator
where are your parents? are they outside the country? if so, the time for prescription does not run.

what may be better for you will be to enter into a settlement right there at the next hearing or do it before then just submit it. are the complainants still willing to settle?


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20 Re: BP22: BOUNCING CHECK LAW on Sun Apr 10, 2011 1:03 pm

catcat


Arresto Menor
Good Day!

FACTS:
To start with, I had a business deal w/ my officemate last end of Nov 2009 in the total amount of Php50,000.00
We both agreed that it will incur 5% interest rate/month, unfortunately, without a written agreement.
She issued postdated checks as my guarantee.
Come 30May (Check Date w/ an amount of P65.000.00)
The check bounced!!
After that issue, I asked a written promissory note and an a acknowledgment letter that she received a money from me.
She promised to pay a break down of
Php 22,000.00 >> 30Jul2010
Php 22,000.00 >> 30Aug2010
Php 21,000.00 >> 30Sep2010
QUESTIONS:
My concern is, she did not pay on the very first date of the promissory note..
Never talaga siya nag advise ever..
Nakapag process na po ako ng demand letter -- registered mail
Nakipag negotiate siya w/ her lawyer last 20Aug2010.
My demand is for her to pay in full or if by installment, until sept30,2010 lang w/ 5%interest from June.
But it end up na nag add lang ng P6,500.00 so total of P71,500.00 lang po and payable until Dec30,2010
Dapat magbayad sya ng P30,000.00 until 30Sep2010.
Tapos yung the rest staggard na..

Come Dec 30, kahit piso wala syang binayad...
nag-abot po sya ng 10kay dec31 pero diko tinanggap kase mahirapan po kami maningil kapag hindi under legal.. sanay po sya sa gantong gawain e.

Considered na po ba na novation na to? wala na yung criminal liability nya? dina pd ang bp22?

panu po pagnagconsult ako ng abogado, maibabalik po ba sakin yung fees na binayad ko? gastos na po kase.. hirap na din po kame.panu po pag di sya makicooperate? employed po sya sa all center pwede po ba salary deduction? or kunin ko atm nya once na nag mediation?

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21 Re: BP22: BOUNCING CHECK LAW on Tue Apr 12, 2011 7:37 pm

attyLLL


moderator
i recommend you still file a bp 22 case. let her claim novation, but argue that this was all a delaying tactic.


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22 Re: BP22: BOUNCING CHECK LAW on Mon Jul 18, 2011 9:49 am

Choirboy1972


Arresto Menor
Good day! I am not sure this has already been answered in other threads.

A friend of mine had a case filed against him due to bouncing checks and a warrant of arrest was issued for his arrest back in 1997. No trials have been conducted since then and he has not been arrested partly because he went into semi-hiding.

Are these still enforceable today even if these were filed / issued more than 10 years ago?

Thank you very much!

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23 BP22 on Mon Jul 18, 2011 3:47 pm

code00


Arresto Menor
natatawag parin ata sya bp22 basta napa to bounce na ang check at nafile na ito bago pa magsara ang bangko

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24 Re: BP22: BOUNCING CHECK LAW on Wed Jul 20, 2011 12:34 am

attyLLL


moderator
a warrant of arrest is still valid until recalled by the court.


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25 Re: BP22: BOUNCING CHECK LAW on Sun Aug 07, 2011 1:21 pm

catcat


Arresto Menor
good pm po.. small claims lang po ginawa ko dun sa bounced check kase ang mahal po ng mga fees pero biglang nagvacate dun sa residence yung my utang sakin.. my pag as a pa po ba yun? nagpadala ng summon sa office pero di natanggap kase gabi na daw dumating yung sherriff sa office..

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26 Re: BP22: BOUNCING CHECK LAW Today at 12:26 am

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