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Filling an estafa complaint

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1 Filling an estafa complaint on Wed Sep 15, 2010 11:03 am

demetriocochon


Arresto Menor
Hi everyone, i really need some help with the situation i am in. I have a supplier for a merchandise and have asked me to deposit some money (around 80 thousand pesos) but the problem is the shipment always get delayed. and it's been a month now and the supplier is still not able to provide me with anything. I'm seriously frustrated with the situation and I'm already considering to file a estafa complaint. But i need your help to answer some of my questions.

1. does the scenario above fall in the estafa category?
2. if i'm filing a complaint where should i file it? the supplier live at cubao and i currently reside on the cavite city, should i file the complaint here or there?

Thanks in advance for everyone who is willing to help.

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2 Re: Filling an estafa complaint on Wed Sep 15, 2010 7:40 pm

attyLLL


moderator
he won't return the money? what is the merchandise and why is it delayed?

failure to deliver a sold good is not necessarily estafa. you will have to prove there was deceit in getting you to agree to the sale contract and there is a fraudulent intent to never deliver.

how and where did you enter into this contract?


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3 Re: Filling an estafa complaint on Wed Sep 15, 2010 8:02 pm

demetriocochon


Arresto Menor
the items are electronic gadgets and the supplier have come up with different excuses and have not delivered the items.We have met on cubao and she had promised to deliver the item on the 18th of august but i have not received a single item up to now.

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4 Re: Filling an estafa complaint on Thu Sep 16, 2010 6:05 pm

attyLLL


moderator
take the first step of sending a demand letter for delivery of the goods or return of the money. from your narrative, it is not clear whether any deceit was employed.

if you really have to litigate to get your money back, i recommend you file a small claims case. no need for lawyers and you can file it in cavite. rules on sc.judiciary.gov.ph


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Filling an estafa complaint on Fri Sep 17, 2010 6:36 am

demetriocochon


Arresto Menor
Thank you sir. Your advice had really helped me.

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