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Advice for BP22

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1 Advice for BP22 on Thu Jul 24, 2014 5:27 pm

AngelQ


Arresto Menor
Dear Atty.

Good Day!

Gusto ko lang po sanang humingi ng advice re: BP22.  My brother in law loaned last 2012 amounting to 20,000 in a certain lending company.  As a payment, he issued a post dated check monthly. According to my brother in law napopondohan nman daw po nya yung cheke. Then last month nkareceive po sya ng resolution charging him of BP22.  Wala naman po syang narereceive na demand letter or notice  from the lending company or kahit po subpoena nung nasa fiscal po ang case kaya nagulat sya na may resolution na.  Is there a chance po ba na masettle pa ito ng brother in law ko?  Is it ok kung kausapin na lang po nya yung lending company directly to make any settlements para hindi na po humantong sa trial?  bailable po ba ang case?

Hoping for your advice.

Angel

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2 Re: Advice for BP22 on Thu Jul 24, 2014 11:03 pm

attyesc


Reclusion Temporal
Yes pwede pang isettle yan. May mediation yan at magoffer na lang ang bayaw mo na bayaran ang loan. Bailable din yan at kadalasan walang imprisonment na penalty. Usually fine lang equivalent to twice the amount of the check.

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3 HELP WITH BP22 INQUIRY on Thu Aug 14, 2014 5:16 pm

aliseeyah


Arresto Menor
ATTY, need advice. I have an outstanding loan with a bank since 2008. we had a compromise agreement and unfortunately, hindi ko din natapos. they filed a civil case against me using that compromise agreement and naka garnish po sila ng bank accounts ko. last month i paid almost half of my debt with them and now they sent me a letter that they will file a case against me main reason is gone into hiding (republic act 8484) daw and they might also add bp22. my question is, can they still use the post dated checks that i gave them? those checks were dated from 2008 to 2011 to cover dapat for the compromise agreement...

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4 Re: Advice for BP22 on Thu Aug 14, 2014 5:17 pm

aliseeyah


Arresto Menor
ATTY, need advice. I have an outstanding loan with a bank since 2008. we had a compromise agreement and unfortunately, hindi ko din natapos. they filed a civil case against me using that compromise agreement and naka garnish po sila ng bank accounts ko. last month i paid almost half of my debt with them and now they sent me a letter that they will file a case against me main reason is gone into hiding (republic act 8484) daw and they might also add bp22. my question is, can they still use the post dated checks that i gave them? those checks were dated from 2008 to 2011 to cover dapat for the compromise agreement...

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5 Re: Advice for BP22 on Thu Aug 14, 2014 9:01 pm

attyesc


Reclusion Temporal
The prescriptive period of BP22 cases is 4 years. Kaya yung checks mo from 2010 to 2011, pwede pang maging basis ng kaso.

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6 Re: Advice for BP22 Today at 4:57 pm

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