Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Who will pay the unpaid creditcard bills?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Who will pay the unpaid creditcard bills? on Mon Oct 25, 2010 9:28 pm

gigi


Arresto Menor
Hi,
My father owes a big amount in credit card debts (around 500k). He's already retired so he only has his pension. He was also recently hospitalized. He was already sent notices by the credit card companies for not being able to pay. What happens when he dies before being able to pay off his debts? I'm worried because I'm still paying for his hospital bills.
Thanks for your advise.

View user profile

2 Re: Who will pay the unpaid creditcard bills? on Fri Nov 05, 2010 10:03 am

edna


Arresto Menor
hello,
i have a credit card and sign a contract of restructuring,if i havent paid do they have the counts to sue me in court on the grounds of ESTAFA. tnx

View user profile

3 Re: Who will pay the unpaid creditcard bills? on Fri Nov 05, 2010 6:59 pm

redpula


Prision Correccional
to gigi,

I am no lawyer but an ordinary law student to be clear, i will try to provide some insight about your problem.

1. since your father has retired and since there are notices sent to him, the creditor may ask for attachment of property in court, but considering his state of health, your father may ask for loan restructuring with his creditors. In case your father die and if there are properties they can ask for the attachment but if there are none, then the loan is already extinguish with the death(god forbid)of the debtor(your father), assuming there are properties left but the value of the said properties are not enough for the satisfaction of the loan, the creditors can no longer ask beyond the value of the property.
2. Notice sent by the creditors. Legally speaking, this is done to put your father in a legal default, that means, the debtor can not use as a defense 10 year prescriptive period provided by law if the creditor failed to demand payment of the said loan. This is essential as far as court proceedings are concern. since your father is already incapable of paying the said amount, it is up to the creditor and debtor to come up with a compromise agreement.

The creditors cannot compel you to pay for the loans obtained by your father, since loans are not transmissible to the heirs of the debtor.

View user profile

4 Re: Who will pay the unpaid creditcard bills? on Fri Nov 05, 2010 10:57 pm

attyLLL


moderator
edna, failure to pay a credit card is not a crime unless it can be shown that you intended to defraud them. what you should avoid is to change residential or office address without informing the credit card company because this will give rise to a presumption that you intended to defraud.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

5 unpaid credit card on Thu Jan 20, 2011 1:44 am

ruari_ashley


Arresto Menor
Hi,

I have a friend that has unpaid Credit card with metrobank and HSBC. She was retrenched from her company because of the economic situation last 2009 and until now she can't pay the amount. The amount multiplied and now has an outstanding of 200K. She still received letters from the bank but she refuse it, is this ok? She also received demand letter on her email, what she will do about it?

Thanks!

View user profile

6 Re: Who will pay the unpaid creditcard bills? on Fri Jan 21, 2011 9:45 am

attyLLL


moderator
i recommend she negotiates with the bank how to pay her debts. what she should avoid is to change work and residence address without informing the credit card company because this will raise the presumption of fraud.

if she ignores, the credit card company will have the right to initiate collection cases against her.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum