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Demand Letter to Pay or legal action

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1 Demand Letter to Pay or legal action on Thu Jan 29, 2015 8:35 pm

emzvee


Arresto Menor
Hi Atty.,

I just want to share the story of my brother. He end his contract on his previous company and they find out that he defraud the company's money through the acts of not remitting of customers money. With this I would like to know this following;

1. If we will not pay the obligation to pay the amount of P55,000.00, what will happen to the demand letter?
2. I actually sent a letter to the company stating that we are willing to pay in a staggered basis. However, they want it that the amount shall be paid in 3 months time in which I cannot guarantee to pay it in 3 months time due to I am also the breadwinner of the family and some have other financial obligations that needs to be attended. Can we just let them file a civil action against my brother? what will happen next?
3. What would happen if there will be civil actions?
4. Is the civil action against my brother a major crime?
5. How much would usually cost from the company if they want to file a case against my brother?
6. Can we settle the case once and for all?

This will not happen if they only approved the twice loan application of my brother because his wife delivered her 3 babies via CS. I badly need your help, Atty.

Thank you so much.

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2 Re: Demand Letter to Pay or legal action on Thu Jan 29, 2015 9:03 pm

rimyrf79


Arresto Menor
1.If you did not pay, you will be held liable civilly or criminally or both at the company's option;
2.The company may or may not yield to your request, it's for the company to choose which and how the obligation may be settled, pwede ka alng mag suggest at makiusap, kung papayag!
3.it depends. kung ipasok yan ng small claims since below 100k manageable yan, pero kung civil case  
yan plus damages ka pa malamang pagnatalo ka actual or compensatory damage at exemplary damages
4. swerte kun civil lang ang ikaso sa utol mo, pwede yang makasuhan ng Estafa yan ang kasong kriminal na maari nyang kaharapin dahil may breach of trust and confidence and misappropriation
5.dipende yan sa kanila kahit mga 500k pwede nilang idemand for damages at babawasan pa naman yan ng korte
6.ikaw ang makakasagot nyan. pakiusapan mo pag hindi pumayag maghanap kna ng abobogado mo and pray na sana hindi makulong sa kasong Etafa ang BigBrother mo Very Happy

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3 Re: Demand Letter to Pay or legal action on Fri Jan 30, 2015 5:20 am

attyLLL


moderator
non remittance of collections is estafa through abuse of confidence. i recommend you and the family do everything, even incurring a loan, to pay the 55k


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4 Demand Letter to Pay or legal action on Mon Feb 02, 2015 3:25 pm

emzvee


Arresto Menor
Thank you for the response, Atty.

Is there any chances to file a waiver just in case my brother will get to jail? What would be the process?

Hoping for your response, once again, Atty.

Thank you.

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