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What case can I file? Pls Help..

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1 What case can I file? Pls Help.. on Sat Sep 18, 2010 8:25 am

Billy1978


Arresto Menor
I was swindled by a fugitive who is still at large with the amount of P450,000 supposedly as car payment. I gathered evidences when she stopped contacting me and found out that the money I sent was given to his son instead to a supplier as we have agreed upon. Also, it was only at later time that I discovered that she's already a fugitive from ESTAFA cases. She asked another person whom I know and this person also asked another person to present ID while claiming the money. Can I also file a case of ESTAFA against those persons? When is the right time to file a case against them? Ifever, can I also file a case against her son who just received the money as stated by the the two persons who withdrew the money? What are the chances that I can get my money back? Pls help me... Sad



Last edited by Billy1978 on Sat Sep 18, 2010 8:37 am; edited 1 time in total (Reason for editing : wrong grammar)

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2 Re: What case can I file? Pls Help.. on Sat Sep 18, 2010 5:49 pm

attyLLL


moderator
they are the owners of the car? where is the car now?

send a demand letter to all the parties involved using registered mail with return card. after receipt and failure to comply, you can file an estafa case against all of those who performed acts in relation to the sale.

let them defend themselves whether they were involved in the plan to swindle you or not.


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3 Re: What case can I file? Pls Help.. on Sat Sep 18, 2010 7:28 pm

Billy1978


Arresto Menor
First of all, thanks for the reply.

No car has arrived yet. I bought a car from her as well as joint ventured with her in buying and selling cars, until it reached the said amount. I haven't seen the cars yet, because of trust to her by my wife, I also trusted her. But how can i send demand letter to the one I've talked to who is now at large because only lately that I found out that she's already a fugitive, sentenced with outstanding warrant of arrest?

With regards to court jurisdiction, I sent the money thru M.L.Kwarta padala from a different location, I was expecting that it will be withdrawn from a different location but it was withdrawn from a different location. Can I just file the case to the prosecutor's office near our residence which is also a different location? Anyway, the persuasion/inducement started at our residence.

Is it possible that I will win the case against the others who were involved but not all the elements necessary for a ESTAFA to be committed was not done? This is because I was only able to talk to one person who is the fugitive, and I just found out the participation of the others thru self investigation. The participation of each person that I said were just the following:

1st- the one who has been asked to withdraw the money and this one also the 2nd to accompany her.

2nd- the one whose ID was used to withdraw the money and signed the receipt.

3rd- the one who received the money

4th- the one who received the original receipt maybe purposely to clear out evidence.

The fugitive was the only one who did all the talking.

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4 Re: What case can I file? Pls Help.. on Sat Sep 18, 2010 9:24 pm

b_9904


Prision Correccional
^threaten them with conspiracy to commit estafa!

AttyLLL is correct. Just send them a demand letter and enjoy the ride. If they ignored your letter then file a complaint against them.

Question about venue:

You know where is the nearest RTC branch that has jurisdiction over your residence? If so, you could file your complaint there.

You could also ask the PNP for help, pa blotter mo!

And yes, you could file it with the prosecutor's office.

Re: Service of the warrant

Fortunately for you, her son is not at large. Serve the notices at her last known address, or at the son's place of residence.

Also, you could black mail the estafadora out of hiding by filing criminal case(s) against her son!

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5 Re: What case can I file? Pls Help.. on Sat Sep 18, 2010 11:27 pm

Billy1978


Arresto Menor
Thank you very much, I think I'm on the right track. I already did some of what you've advised.

Is it really necessary that a demand letter be sent to them? Or the text messages that I sent and they answered back would already suffice and serve as instead of a demand letter? For sure they will only point to the one who received the money who is the son of the swindler.

In any case, if this is one necessary element for me to have a credible case against them, I will do it.

If possible, can anyone here give me please a sample demand letter applicable to this case?

Parang gusto ko na po tuloy maging LAWYER because of this website. More power to you guys!

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6 Re: What case can I file? Pls Help.. on Sun Sep 19, 2010 12:01 am

attyLLL


moderator
send letters through registered mail with return card or courier with documented proof of delivery. if text messages, you will have to prove that they are the owners of the numbers. can be a pain if they are using prepaid lines.

there are many samples of demand letters on the web. just keep it courteous but make it clear that you are requiring them to return your money.


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7 Re: What case can I file? Pls Help.. on Sun Sep 19, 2010 12:10 am

Billy1978


Arresto Menor
May I quote the following excerpts, this maybe applicable to my case. Does this mean I need not anymore send demand letters to anyone of them since the money was given to the estafadoras son instead of paying the cars to the supplier?

***In the case of United States v. Ramirez this Court held: "The consummation of the crime of estafa ... does not depend on the fact that a request for the return of the money is first made and refused in order that the author of the crime should comply with the obligation to return the sum misapplied. The appropriation or conversion of money received to the prejudice of the owner thereof are the sole essential facts which constitute the crime of estafa, and thereupon the author thereof incurs the penalty imposed by the Penal Code.íFurther, in Tubbs v. People and Court of Appeals" this Court ruled that the law does not require a demand as a condition precedent to the crime of embezzlement. It so happens only that failure to account, upon demand for funds and property held in trust, is circumstantial evidence of misappropriation ." In Benito Sy y Ong v. People and Court of Appeals,"2 we also held that in a prosecution for estafa, demand is not necessary when there evidence of misappropriation.***

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8 Re: What case can I file? Pls Help.. on Sun Sep 19, 2010 12:25 am

attyLLL


moderator
it is correct to state that prior demand is not an element of estafa, but as also stated by the case, it is circumstantial evidence of misappropriation when there is failure to account for the money received. sending the demand letter makes it easier to prove the misappropriation.

if you can clearly prove that the money was given to the son, then you are also correct that the demand letter is not indispensable, but you proceed at your own risk if you are unable to prove the central element of misappropriation.


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9 Re: What case can I file? Pls Help.. on Sun Sep 19, 2010 2:56 am

b_9904


Prision Correccional
^Ditto with AttyLLL.

If I may add:

You might get your money back faster if you serve demand letters. MALAY MO demand letter palang matakot na yung anak at bayaran ka nya!

Also, the estafador(s)/estafadora(s)is/are given three days from the receipt of the demand letters to pay the amount demanded. In BP22, they are given 5 days from the receipt of the demand letter to pay the amount demanded.

Better safe than sorry dude.

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10 Re: What case can I file? Pls Help.. on Sun Sep 19, 2010 9:33 am

Billy1978


Arresto Menor
OK. Thank you very much! I'll give it a shot..

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11 Re: What case can I file? Pls Help.. on Sun Sep 19, 2010 11:42 pm

Billy1978


Arresto Menor
uh--oh! I'm having a hard time here.. I don't know their complete address, I only know their towns.. Sad

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12 Re: What case can I file? Pls Help.. on Mon Sep 20, 2010 12:08 am

attyLLL


moderator
then you will have to do a little investigative work. have someone visit their towns and ask around.


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13 Re: What case can I file? Pls Help.. on Mon Sep 20, 2010 2:03 pm

Billy1978


Arresto Menor
Can I just make the demand letters without the signature of a lawyer?

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14 Re: What case can I file? Pls Help.. on Mon Sep 20, 2010 5:28 pm

attyLLL


moderator
certainly, good luck.


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