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Can I file an Estafa Case

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1 Can I file an Estafa Case on Fri Jan 16, 2015 4:32 am


Arresto Menor
Hi, Attorney's at Law

I'm seeking your advice regarding my situation. I lent more than 50,000Php to a co-worker last year when he resigned from work.

We started going out since January 2014, same month he left the company. After which, he would borrow money from me and when he already owed 10,000Php he said that he'll only pay me 10,000Php, any money he'll get from me it's free. I asked him why, and I told him that I can't do that. He said "Bahala ka, Ewan ko sayo".

He kept on borrowing money from he, he'd say, "mag-transfer ka naman" as a manner of asking for loan. Eventually last May 2014, he stopped seeing me. Although we still have communication, calling and texting. He would set up a meeting and then would cancel the last minute. He has been doing this since May until Dec.

This has been ongoing until December, and from Jan-Dec he asked me for money to help him until he can find work.

He started working last January 12 and stopped replying to my text messages altogether. I've been asking him to pay me back the money he owes me.

I'm planning to go to their house and ask him to pay me back. I already printed out my bank statements and computed the money I lent him. 

I'm also planning to file an Estafa case against him. 

Should I ask him to pay me back first and file Estafa if he doesn't pay? Is this a correct thing to do? 

Thank you for any advise you can give me.

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2 Re: Can I file an Estafa Case on Mon Mar 09, 2015 1:12 pm


Arresto Menor
I suggest that you send him a demand letter for the money that he borrowed from you before you file a case against him. It would be wise if you seek legal advice from a lawyer who will draft your demand letter and send it to his house. It is only when he fails to act on your demand letter that you file the appropriate charges against him.

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