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GARNISHED SALARY

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1 GARNISHED SALARY on Sun Nov 16, 2014 10:06 pm

Nickooooo


Arresto Menor
Nag suffer po ako ng halos dalawang taon.

Umutang kasi kami ng ate ko at isang kasamahan sa trabaho sa isang lending company.
Ginawa po nila akong co-maker.
We all availed 10,000.00 each.

I signed their loan forms.
Kaso nga lang, hindi po nila nabayaran. Yung sa ate ko, 8k yung balance at yung sa officemate, 10k buo.

Wala na po akong balita actually kung nabayaran ba nila o hindi kasi nagtransfer na ako ng address kasama ang younger sister ko and my officemate got another job.

Ang nangyari, nag-file pala ng small claims case yung lending company. I never got to attend the hearing.

One day (apprxmtly a year later), pinatawag ako sa HR sa office.

They received a court order to garnish my salary until the amount of 59,000.00 (amount not precise) will be satisfied.

Sabi nila, they need to comply with it but they will make arrangements with the sheriff na 20% lng ng salary ko every payday ang deduction.

I was given a copy of the court order and a formal letter from our HR director.

That was for the unsettled loan of my officemate.

I was able to completely pay the amount that they demanded.

Also, I got in contct with that ex-officemate and all she could pay me is 10k. I accepted it na lang kesa wala.

But another nightmare came.
Approximately a year later again from the first incident, I got another invitation sa HR.

This was another court order and it was obliging me to settle more or less 56,000.00.

Loan naman ito ng sister ko. Haay.


Anyway, wala akong ibang maisip but to just let then garnish my salary again until na-full yung hinihingi nila. ..

Months later, (limot ko na sana lahat ng ngyari) an interesting incident happened.

Our office conducted an audit and it was found out that my NBI Clearance was missing from the file sa HR. hindi lang ako, medyo marami kami.
They said hindi na-file ng maayos ng dating nasa katungkulan.

So nag apply kmi for clearance.

Na-hit yung name ko, I was advised to return after 5 days.

When I returned, I was told that I need to undergo an interview sa main office.

Kinabahan ako but I can't think of anything that I might done para hindi ma-clear sa NBI and I love my job kaya po nagka-lakas ako na pumunta sa Main Office ng NBI.

So I attended the interview. Hindi ko na lng po ikukuwento kung ano nangyari sa NBI interview but I was able to secure a Clearance pa rin and present it to HR.

Ang nakapagpa-taas ng presyon ng dugo ko is what I saw sa database monitor=   2 Cases of Swindling and Estafa. Ang complainant is yung lending company.

Dun po ako napuno. Parang sobra na talaga sila.


INTERESTING FACTS:


FACT A,,
I never received nor felt that they tried to collect anything from me eversince the day na hindi nakapagbayad yung mga principal borrower. Binigla na lng ako sa Garnishment.

QUESTION # 1 . .. Is that fair for me? Can they proceed with the garnishment request right away without attempting to just collect the money from me?

FACT B,,
The person na nka sign sa Court Summon is my sister who was then 16 years old. She said was tricked by the server of the summon that it was a Package for me from a famous courier and she is enough to represent me and have the doculments signed.

That is the very reason why I was not able to attend any hearing. I never knew that there is one.

I know how small claims cases process goes so I will really find time to defend myself and negotiated for a lower amount.

QUESTION # 2 .. .
Do I have enough ground to file  a counter claim or a lawsuit against the lending company? Isn't it late to file yet? [Not to mention that checking on the documents they gave, a lot of our signatures were

I know an officemate friend who resigned from work because he can't afford his salary being garnished though he is just a co-maker of a loan made on the same lending company.


FACT 3 .. .
The owner of the lending company is a retired soldier who held a significant position before. He has a lot of connections.

QUESTION # 3 .. . add ko n lng po dito yung question ko on how to have my name cleared sa NBI Database.


Marahil, ito ang pinaka dahilan kung bakit denied lahat ng Credit Card and Bank Loan applications ko. Disente naman yung salary ko.



I am Male, 28 years old, Supervisor sa isang BPO.



To the Moderators:

If question 4 needs to be transferred sa NBI Forums section, I can create a new post there.


Please po, to those who have an idea on how I can go about this, paki-post or PM me.

I can talk to you in full privately.


Patulong po mga attorney.

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2 Re: GARNISHED SALARY on Tue Nov 18, 2014 2:01 pm

myst01


Arresto Mayor
Better check po sa court and/or sa fiscal's office kng pending pa rin ung kaso then get a copy of the records para makita mu ng husto ung nga ebedensya na pinapakita laban sau. At kung my foul play, dun ka na magfile ng counter claim.

As far as the garnishment is concerned, you should have filed your protest at the earliest possible opportunity. Nonetheless, you can still recover p nmn the the amount paid if there is bad faith on the part of the lending company sa pangongolecta kung sobra ang kinolecta or if there are forged documents..
I suggest u seek help from a counsel immediately po for the technicalities...

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3 Re: GARNISHED SALARY on Thu Nov 27, 2014 11:30 pm

Nickooooo


Arresto Menor
thank you, myst01

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4 Re: GARNISHED SALARY Today at 6:12 am

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