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BP 22 Criminal Case Estafa Warrant of Distraint

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myke_flores


Arresto Menor
Hi Atty,

Meron ako existing loan sa isang bank and actually its my 3rd time na ma-renew yung loan ko. Hindi pa ako naging delinquent but this year nagkaron kami ng financial hardship kaya ilang months na ako di nakabayad.

Last July I requested for a loan restructuring and they require me to pay Php 18,000. Nagawan ko ng paraan makahiram ng pera but August they still require me to pay Php 18,0000. I emailed the collection department na talagang hindi ko na kaya i-raise yung amount.

I told them na for now hanggang di ako nakakabawi financially kaya ko magbayad Php 5,000 every payday so bale Php 10,000 monthly. But the collection department insists na kelangan ko na daw magbayad Php 100,000 this September and another Php 100,000 this coming October.

Tinapat ko sila na mahirapan ako mag raise ng Php 200,000 in two months so sabi ng kausap ko galing ng collection department wala na raw options kundi i-settle na lang daw in court and they will be filing Criminal Case against me.

Sabi ko hindi ko naman tinatakbuhan yung obligations ko. Sana mabigyan nyo ako ng advise. Maraming salamat po.

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attyLLL


moderator
what documents did you sign with the bank? loan agreement? Trust receipt? did you issue unfunded checks? why are you mentioning bp 22, estafa and even a warrant of distraint?

if this is just a matter of an unpaid loan, then there is no criminal liability. but if there is a trust receipt or bounced checks then there may be a possible criminal case.



Last edited by attyLLL on Fri Sep 10, 2010 10:47 pm; edited 1 time in total


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myke_flores


Arresto Menor
Thanks Atty for the reply. Yung loan po ay personal/salary loan then ang mode of payment is thru PDC na provided na din ng bank (meaning nung na-approved yung loan sila na rin nagprovide ng PDC). I mentioned bp 22, estafa and warrant of distraint kasi meron po ako na receive na text:

"Mr (name), you are being charge for violation of BP22 Criminal Case Estafa Warrant of Distraint to serve against you by Clerk Of Court (name) RTC Makati B32, for complete details pls call (tel. no) (name of atty)."

After receiving the text tumawag ako agad. The person na nakausap ko sabi nya sya si atty (from collection department) at sabi nya kelangan ko na daw bayaran yung amount mentioned above bago nila process yung request ko for restructuring para bumababa yung monthly ko. Then I explained na mahirapan ako iproduce yung Php 200,000 in 2 months. Then wala na daw sila choice kundi mag file ng charges against me.

Can you give some advise kung ano dapat gawin? Kaya ko kasi bayaran for now is Php 5,000 every payday until makarecover ako sa financial hardship but the person i've talked to refused to accept it. Ayoko naman po umabot sa point na charge nila ako kasi maapektuhan naman family ko especially my kids.

Thanks a lot Atty.

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attyLLL


moderator
the only way you can prevent them from filing a case will be to simply give in to their demands. since that's not possible, you can have to keep negotiating and try to show them that in spite of their threats and even filing of an actual case, they will not be able to collect. this is what i do in my collection defense cases.

let's fast forward, no warrants of arrest will be issued unless you do not appear in court. even if you were convicted for bp 22, the likelihood of imprisonment is slighter now with the supreme court's directive that when a fine will suffice, then a fine will be preferable.

if they file a case, there will be several opportunities to settle with them during mediation.

i would look up the name of the attorney in the roll of attorneys on sc.judiciary.gov.ph just to make sure he is how he says he is. many collectors thrive on intimidating non-lawyers with bluffs like this warrant of distraint which only become real when you are convicted and the judgment reaches finality.


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shengkie


Arresto Menor

Hi Atty.

I have the same case, does this mean I need to negotiate with them and only thru negotiation that will stop from charging me. You said that:

Let's fast forward, no warrants of arrest will be issued unless you do not appear in court.

1. does this mean I need to appear in court
2. Do I need to call the Clerk of Court to avoid warrant of arrest?
3. My loan is only 55K and in my calculation the sum a paid already reached the loan amount what the bank after is the interest.
4. The charges given by the collection agency is too high that triples every month from 55K to 200K now. Is there a way to negotiate?

you may reach me at my email address: jenny_arguilla@yahoo.com

Thank you.

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attyLLL


moderator
shengkie, note myke's post that states that he issued post dated checks which are bouncing - that is the basis for a criminal charge against him. did you also issue checks?


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7 bp 22 criminal case on Sun Sep 26, 2010 12:00 pm

shengkie


Arresto Menor


Hi Atty,

They provided the unfunded checks, which i deposit my amortization in their bank to fund the check.

We have the same case of myke flores.

thanks.

-jenny-

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attyLLL


moderator
shengkie, i don't understand what you mean 'they provided the unfunded checks'. who is this 'they'?

has a case been filed against you? is it a criminal case?

you need to file bail so you will not be arrested if a warrant of arrest is issued against you.

do you have a copy of your original loan contract? if the bank passed the collection to an agency, the interest still has to be the same as the original contract.


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shengkie


Arresto Menor

I was approved for the personal loan, since I do not have a checking account. The bank provided their own checking account, unfunded checks so I can deposit the amortization every month. This was transferred to collection agency. The last text I received from the collection agency was...

"Mr (name), you are being charge for violation of BP22 Criminal Case Estafa Warrant of Distraint to serve against you by Clerk Of Court (name) RTC Makati B32, for complete details pls call (tel. no) (name of atty)."

I try to get in touch with them but all the given numbers were busy. I have not received any Warrant so far. Some series of numbers is calling my cellphone, but since I am on duty in the office I cannot accept any call. But when I have time, I try to reach the numbers but the answer is always " This number has been barred per our customers request." I was able to delete the number since I think I need to call the regional office".

But sometime I called the regional office the person I am looking for seems does not know about the case. So I became suspicious.

Should I need to wait for the warrant? Do I need to call or go the office of the Clerk of Court.

Thank you and God Bless,

-jenny-


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shengkie


Arresto Menor
Hi Atty,

Correcting paragraph 3.

I try to get in touch with them but all the given numbers were busy. I have not received any Warrant so far. Some series of numbers is calling my cellphone, but since I am on duty in the office I cannot accept any call. But when I have time, I try to reach the numbers but the answer is always " This number has been barred per our customers request." I was able to delete the message since my inbox was full so I was not able to call them again.

But I remember that I called it sometime .....

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11 BBP22 on Sun Oct 03, 2010 12:01 pm

shengkie


Arresto Menor

Hi Atty!

I have been calling the number until now but the number is always barred as per customer's request. I have been texting the number who text me to call RTC office and Atty. ___ regarding the case since I incidentally deleted all my messages in my inbox. But they have not replied to where to contact them. I text them to give me again the number of RTC and the contact person as well as their atty's number for negotiation so I could refer also to my legal counsel on the substantial increase of the interest of my loan.

Thank you for your help.

shengkie

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attyLLL


moderator
there is no makati RTC Br 32, but there is a Br. 132. to make sure, you can go to the court and inquire whether there is a case filed against you. these seem to be just more bogus tactics.

do not deal with these collectors. did you originally owe a bank or credit card company? contact them.


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13 have same case on Wed Apr 13, 2011 12:20 pm

mavel515


Arresto Menor
my case is with a financing agency, they open a checking account for me para daw po dun ako maghulog ng monthly payment ko. nung magclose yung business ko at nawalan ako ng work, di po ako nakakapaghulog. so yung checking account na inopen nila ay nagclose at nagbabounce yung cheque every month na di ako nakakapaghulog? pwede bo nila akong kasuhan ng estafa dun? hindi po ako nagsasign ng cheque...

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