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Estafa Case? Fake Trust Receipt

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1 Estafa Case? Fake Trust Receipt on Wed Jun 19, 2013 5:54 pm

gbeats


Arresto Menor
Hi,

My girlfriend is having a problem with a small loan she received over a year ago, the debtor is running the loan business through her small legitimate clothing company.
when she applied for the loan she told me she signed a Trust Receipt for a handbag or something, totaling to the loan amount which i think is under P10'000.

Most of it has been paid and we have had severe financial problems with several people demanding money which we have had to pay and still do.

It appears that the debtor has lost patience with us and is threatening no due process, jail, and the well being of my children. im sure its just anger however im not at going to take it lightly.

i know about the estafa law regarding this, and we do have every intention of paying, and we can provide massive amounts of evidence showing other payments that we have had to make and its been totally out of our hands.

I dont want to really fight but the letters shes sending us are quite disturbing, and its all public on facebook so i can show it. shes made saracastic hints saying things like, "im not stupid, you signed the trust agreement saying you took items" etc im trying to find evidence to nullify this trust agreement, that way at least my partner isnt shaking in her boots crying about going to jail.

is there any advice you can give?

Thanks

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2 Re: Estafa Case? Fake Trust Receipt on Fri Jun 21, 2013 1:36 am

gbeats


Arresto Menor
Ive got the trust receipt and i also found some partial payment receipts which include a reference to the trust receipt(receipt number) and penalties for late payment(of the loan). the date on these partial payments are dated before the due date of the trust receipt.

there is no mention on the trust receipt of partial payments so im hoping this would help toward prooving there was no items involved in our deal, since why would penalties incurr when the date on the receipt has not yet passed, and why are partial payments been made(which maybe a little circumstantial i know) but they look more like precalculated payments rather then someone paying an amount this week  and then a different amount the week later just to pay what they can while they have some extra cash

but still is there anything else i could be doing to try and invalidate the trust receipt.
just so estafa cannot be filled

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3 Re: Estafa Case? Fake Trust Receipt on Thu Jul 04, 2013 10:40 pm

bearangel


Arresto Menor
The Trust receipts law is quite strict. It is malum prohibitum, mere failure to deliver payments or return the goods which were not sold will make her criminally liable unless she could prove that what she signed was not a Trust Receipt but some other contract.

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