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unpaid salary loan

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1 unpaid salary loan on Thu Oct 21, 2010 3:42 pm

agapito


Arresto Menor
Hello atty, good day to you. I was once a government employee. Last 2006, I availed a salary loan to a private bank in the amount of of 100T php which was salary deducted. But when my early retirement was approved in May 2007, my salary loan was not yet fully paid. There was no PDC checks involved but only SPA to deduct my monthly salary.Presently I'm working outside the country but my income is not enough to fully paid my balance. It's already more than the principal because of the penalty and other charges. Atty, if the said bank will file this case in court, is it possible that I can't go abroad again? Can the court issue a hold departure order? Please attyLL advice me what to do. Thank you...

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2 Re: unpaid salary loan on Fri Oct 22, 2010 5:04 pm

attyLLL


moderator
failure to pay a debt is not a crime, so no hold departure order can be issued against you.


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3 Re: unpaid salary loan on Sat Oct 23, 2010 12:04 am

agapito


Arresto Menor
Thank you very much for the advice atyyLLL and more power to your site.

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4 Re: unpaid salary loan on Mon Nov 08, 2010 10:25 pm

charice


Arresto Menor
nagapply po ako today, 08 november 2010 ng nbi clearance and i got a HIT,they informed me na bumalik sa 17 nov. 2010,nagaalala ko na baka my record na ko s nbi since i have unpaid loans with pdc na naissue sa bank,grounds na po ba un para magkaron ako ng records sa nbi?

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5 Re: unpaid salary loan on Mon Nov 08, 2010 11:27 pm

attyLLL


moderator
you may have been charged with violation of bp 22. do you still live at the same address which the bank knows of?

you should go to the nbi or send an authorized representative. they will give you info where the case, if there is one, is pending. good luck.


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6 Re: unpaid salary loan on Mon Dec 27, 2010 6:54 pm

mya214


Arresto Menor
attyLLL wrote:failure to pay a debt is not a crime, so no hold departure order can be issued against you.

good afternoon atty. i have the same case as agapito and i would just like to ask because just recently i gave in to the demand letters that were being sent to my home address by a law firm. i asked a relative to coordinate directly with the bank and was asked to pay 50T and they will not proceed filing a case against me in court. total balance when i left my company was down to 90T, originally 150T.i paid the 50T and was given an option for staggard payment, payable in 1 year, the original 90T with interests excluding the 50T (they say its just for the case). i am also working abroad but has very limited resources as of the moment. they gave me until end of this month to pay atleast a month of the 12 months term. the soonest i can pay is by february and this month end will be impossible. as much as i would like to settle they're making it more impossible for me. do i have other options? how far can they go with this court case?

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7 Re: unpaid salary loan on Tue Dec 28, 2010 6:12 pm

attyLLL


moderator
send them a letter apologizing for the delay in payment but commit that you will pay in february. i doubt if they will rush to file any case against you. avoid issuing any checks that may later be unfunded.


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8 Re: unpaid salary loan on Fri Jan 28, 2011 1:18 pm

path3shya


Arresto Menor
Hi, please help me I cant sleep now and so bothered. I had a salary loan from a Bank, with a PDC as collateral. (check was blank and was provided by them). Had no choice then but to grab it cause of an emergency. Actually I was a good payer, up to my second loan cause i resign from my original job because of problems. anyway to make the long story short, my lasyt payment was last September, I have a due of 5 months. They had been texting me, but I ignored it cause I really don't have have the funds. Then I receive a call last Wednesday, obliging me to settle by Friday cause they will endorse my account to agency, I said I will find a way. But I really was not able to put up the amount. Come Friday, I was harassed and informed me that I will be jailed for a bouncing checque. I asked for a leeway to pay the overdue amount in february, cause I have a pending case with for my backpay. But the agent did not accept it. I have to pay on this day daw jud. I asked for half amount but he did not approve it. I asked for the worst consequences if they endorse it in the agency, if it will just be bigger interest cause I will buy it. But he did not explain it and said that he has done his part, i should do mine. Now I am really bothered... whats the worst thing that could happen to me? For now i really dont have the funds... Please help. I am taking your advice to email the bank, will that be OK? I will really settle my due once I get my money from my previous company.

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9 Re: unpaid salary loan on Sat Jan 29, 2011 10:16 am

attyLLL


moderator
did they deposit the check?


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10 Re: unpaid salary loan on Sat Jan 29, 2011 8:52 pm

path3shya


Arresto Menor
i absolutely dont have any idea if they have deposited the check, all they said is that they will endorse my account to an agency.

granting that they have deposited my check, how soon can they file a complaint againts me and be arrested for ra22? I am so worried about getting arrested, i understand my fault but circumstances did not favor. I dont mind the high interest, just as long as its reasonable, i just dont wanna end up in jail for a small amount. i only have a year and 6 months more left obligation to them, i have been a good payer for a year.

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11 Re: unpaid salary loan on Sun Jan 30, 2011 12:47 am

attyLLL


moderator
keep negotiating with the bank. offer as high an amount as you can initially then the rest in installments.

you cannot be arrested for bp 22 unless you do not appear at the court hearings. even before that, they will have to send notices to you and undergo the whole process of preliminary investigation.

they are harrasing you to make you pay.


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12 Re: unpaid salary loan on Mon Jan 31, 2011 2:11 pm

path3shya


Arresto Menor
thank you so much.

pwede ppo ba yon kahit na naendorse na nila sa agency, can i still communicate with the bank?

cause I really cant settle with their desired to the time na binigay nila, im afraid i endorse nila sa agency.

and one more thing po, granting na di ako maka settle sa kanila at nag file sila ng case kasi iba yong address na binigay ko sa kanila when i applied for a loan... if they will send a notice there, wala talaga ako doon, i have moved out... what can happen po? if no show ako sa case, will there still be record in my NBI?

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13 Re: unpaid salary loan on Mon Jan 31, 2011 9:16 pm

attyLLL


moderator
try to keep negotiating with the bank.

unless a credit card is involved, your change of address is not required, but if they file cases against you, then you might not know about it.

i guess that's ok if it's a civil case, but if it's a criminal case, then the case can prosper.


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14 Re: unpaid salary loan on Tue Feb 01, 2011 12:02 am

path3shya


Arresto Menor
can or cant prosper?

BP22 is a criminal case right? criminal case can prosper?

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15 Re: unpaid salary loan on Tue Feb 01, 2011 12:10 am

path3shya


Arresto Menor
by the way there is no credit card involve, just a blank PDC provided by the bank...

and let me add, is there a law that a lender has the right to ask for an amicable settlement? cause when i spoke to person in charge of the bank he declined my offer to pay twice a month... so i just asked him to at least hold it up to friday this week... but he said there is nothing he can do and gives me only today to settle the amount in 15 minutes (cause we talked 245pm and bank closes at 3pm) which is really impossible. so i asked to speak to a manager but he refuses it, asked me to callback... do we have the right to complain about harassment on the phone. cause that person raises his voice when i am so calmed...

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16 Re: unpaid salary loan on Wed Feb 02, 2011 3:51 pm

attyLLL


moderator
a criminal case CAN prosper up to the point when there is an arrest warrant. once they deposit the check and notify you that it was dishonored, they can initiate a criminal case.

if they file a civil case and the sheriff goes to the address, you won't be there and the case will be archived.

you talked to the bank or the collection agency? keep trying. there is no law that prevents a lender from asking for a settlement, and in fact, wasn't that also your intent in calling?

What i sometimes recommend to my clients is to pass the call through their computers so they can tell the other person that you are also recording the conversation.


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17 Re: unpaid salary loan on Thu Sep 29, 2011 5:38 am

fireblue


Arresto Menor
Hi, my friend make me a guarantor but he run the obligation until now he did not showed up. He issued a 1 year monthly postdated checked and I am one of the signatory. Am I also have a case bp22?

I tried to applied NBI clearance yesterday and I have a HIT, as far as I know my name is unique and I'm afraid that the lending file me a case.

Please give me any suggestion.

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18 Re: unpaid salary loan on Thu Sep 29, 2011 5:38 am

fireblue


Arresto Menor
Hi, my friend make me a guarantor but he run the obligation until now he did not showed up. He issued a 1 year monthly postdated checked and I am one of the signatory. Am I also have a case bp22?

I tried to applied NBI clearance yesterday and I have a HIT, as far as I know my name is unique and I'm afraid that the lending file me a case.

Please give me any suggestion.

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19 Re: unpaid salary loan on Fri Sep 30, 2011 12:12 am

attyLLL


moderator
why are you a signatory of the check? is it your account?


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20 Re: unpaid salary loan on Fri Oct 07, 2011 2:10 pm

fireblue


Arresto Menor
My friend and I applied for a joint account in royal bank. I think that is one of the strategy of the lending office because the royal bank knows them.

I'm afraid to get my NBI releasing this coming Oct. 10, 2011. Bka kc bigla nlang ako damputin ng police or NBI.

Ano po ang pwede ko gawin?



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21 Re: unpaid salary loan on Fri Oct 07, 2011 7:59 pm

attyLLL


moderator
issue an authorization letter to someone who can try to pick it up for you. avoid signing for any letter which informs you that the checks were dishonored.


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22 Re: unpaid salary loan on Mon Oct 10, 2011 8:21 pm

mayet


Arresto Menor
hi, good day po! Just want to seek advise regarding my personal loan in a bank.Due to financial burdens i was not able to pay the remaining checks amounting to 3500 pesos each. Mga 10 months pa po yung kulang ko but i have deposited 20 000 last July.I have not received a notice of dishonor from the bank but i have received a demand letter from a certain law firm telling me that they would file a case against me if i will not be able to settle my account. Can a notice of dishonor be issued by a certain law firm or it must come from the bank itself?

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23 Re: unpaid salary loan on Tue Oct 11, 2011 2:28 am

clanwolf


Arresto Menor
better if you get in touch with the bank manager. if you settle, they will advise the law firm.

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24 Re: unpaid salary loan on Tue Oct 11, 2011 1:06 pm

mayet


Arresto Menor
but i just want to clarify if that demand letter from a certain law firm which i think is just a sort of collecting agency could already be a valid notice of dishonor? or it must come from the bank itself?

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25 Re: unpaid salary loan on Tue Oct 11, 2011 1:10 pm

mayet


Arresto Menor
Sir, i would also want to ask if filing of case is per check? and what is the equivalent filing fee for each one? cause in my case per check has a value of 3500 pesos and i have 10 checks that bounced.Pano po mangyayari sa ganun situation? Will a bank really spend money for a filing fee just for that small amount if it is really required that filing should be per check?

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26 Re: unpaid salary loan Today at 8:25 pm

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