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Final Demand Letter for Failure to Pay

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1 Final Demand Letter for Failure to Pay on Thu Sep 23, 2010 6:00 am

Shoots


Arresto Menor
Gud day,

I would like to seek any advice with a case I have.

I received a final demmand letter from an attorney of a hospital for me to settle my unpaid dues in 10 days or else that they will file a criminal case against me if I cant comply. I am not capable in paying the amount which is more than P500k.

This started 2 years ago where the amount was still at around P200k+. I submitted a promisory note which they accepted with an interest of 3% per month. This was my only option for me to get the dead bodies of my twin babies so I can give them a proper burial. I already used all my money in that hospital and for the medicines they require for my babies. I even applied for multiple loans just to make partial payments since the hospital wont release any medicines or lab exams if I dont pay in advance.

I made a payment a month after the promisory note was accepted but was verbally insulted by the hospital's clerk. Due to that reason, I stopped paying them. The hospital didnt even do their part coz I lost both my new born twins and I can say that they are partly to blame because many patient's guardians there saw their lapses in taking care of the babies in the NICU (Nursery Intensive Care Unit).

I'm still stuck with the loans I applied that time. And I'm still not capable of paying them. Not in 10 days, not even in 5 years or more. I am willing to pay but not the whole amount. probably in 3-4 years, I can pay the original amount without the interest.

Please give me any advice on what I should do in this situation.

Thanks

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2 Re: Final Demand Letter for Failure to Pay on Fri Sep 24, 2010 2:04 pm

attyLLL


moderator
you can consider writing them a letter stating a proposed payment plan and amount which you prefer.

add that if they file a case against you, you will file counterclaims for the negligence causing the deaths of your children. note this is a bluff, unless you actually have evidence.


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3 Re: Final Demand Letter for Failure to Pay on Sat Sep 25, 2010 12:37 am

Shoots


Arresto Menor
Hi AttyLLL,

Thanks for the advice. I do have witnesses of the negligence. Can I use that as a trump card in case I want to file the counterclaims?

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4 Re: Final Demand Letter for Failure to Pay on Sun Sep 26, 2010 8:33 am

attyLLL


moderator
yes, they can testify. just note that in medical malpractice, you will have to show that the normal standard of care was not applied, and this was the cause of the injury. good luck.


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5 Re: Final Demand Letter for Failure to Pay on Tue Sep 28, 2010 11:25 pm

Shoots


Arresto Menor
Hi AttyLLL,

Thanks again for the advice. I will do just this.

I'll keep you posted for any updates.

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6 Re: Final Demand Letter for Failure to Pay on Fri Oct 15, 2010 11:52 am

anonymous123


Arresto Menor
good day atty!

i would like to know what are the proper measures that i need to do with the demand letter that i received.

last march 2005 i made a transaction with a certain company and i thought i was able to pay all the products that i have taken from them ( usually i would ask my cousin to do the payment ). just yesterday i received a final demand letter saying that i need to pay my outstanding balance which amounts to 4000 added with the interest which now amounts to more than 12000.it was stated in the letter that if i would not pay they would file an estafa case against me

i would like to know what i need to do with these.i just got so surprised upon reading the letter

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7 Re: Final Demand Letter for Failure to Pay on Sat Oct 16, 2010 9:09 am

attyLLL


moderator
first do an accounting. do you really owe them anything. if you do, then state that the delay is due to an accounting error and offer to just pay P4,000.

much depends on what the transaction details are if you will be liable for estafa. they have to prove that you were malicious at the start of the transaction for there to be estafa.


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