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Who should I charge?

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1 Who should I charge? on Mon Jul 01, 2013 2:21 pm

jb_3276


Arresto Menor
We delivered goods to Company A but the cheque amounting to P350K bounced. Company A was bought by Company B. Company B paid the payables in installments total payment made todate is P213K. Company B ceased operation but they have not yet declared bankruptcy in the SEC. We are still owed P137K. Should I charge in the small claims court company A officers or Company B officers? Thanks and regards...

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2 Re: Who should I charge? on Sat Jul 06, 2013 11:02 pm

tsi ming choi


Reclusion Perpetua
Small claim cases is limited only to 100k


Assuming that the company is a corporation, The claim should be against company B because after they (company B) bought company A, all the liabilities of company A were transferred and assumed by company B.

Further, It should be instituted against the company and not to its officers because it is really the company as an entity assumed the liabilities and not its officers.

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3 Re: Who should I charge? on Mon Jul 08, 2013 12:01 am

jb_3276


Arresto Menor
Thanks for the advise. But since Company B has ceased operation and may have already "secured" their assets, would it still be wise to file a claim with the small claims court?

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4 Re: Who should I charge? on Fri Jul 12, 2013 8:35 am

tsi ming choi


Reclusion Perpetua
Yes, within 3 yrs from the time the company ceases to operate. Unless a petition for insolvency have been instituted by such company.

Further, the obligation to pay by the company is founded on delict, due to bounced check and not based on contracts, within which the latter is answerable by their "secured" assets.

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5 Re: Who should I charge? on Fri Jul 12, 2013 2:37 pm

jb_3276


Arresto Menor
It's getting clearer sir. But the bounced cheque was issued by Company A. Do I need to get a record from SEC that Company A was bought by Comapny B?

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6 Re: Who should I charge? on Tue Jul 30, 2013 8:19 am

tsi ming choi


Reclusion Perpetua
Yes, as an additional evidence, because violation of BP 22 or bouncing check law is now decriminalized, which means that the quantum of evidence required is preponderance of evidences.

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7 Re: Who should I charge? Today at 12:42 pm

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