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illegal lender

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1 illegal lender on Thu Jul 02, 2015 12:30 am


Arresto Menor
Hi. I 've got a question po. My company is a corporation engaging in Fishing Business. I am the president of the company and also the major stockholder. I signed the company's checks. My company just this year bought a set of purse seine fishing boats (5units for 1 set). The former owner of the units got the 2 post-dated checks payment rediscounted amounting 4.5M to an illegal lender (not registered) at 5% monthly interest rate.Unfortunately, the business for the last couple of months has not been doing well due to some storms. So I came to the lender and asked for some days (about 15days) extension for my due. He agreed. But unfortunately, the company still couldnt keep up with the payment so i came to him again and asked for 20 days extension and he agreed recalculating my balance and updating the interest and he said i could give him staggered payments. I paid him about 545k after about 35days from the due date..then after a week i paid 200k and he was not so happy with it so I said I would try to pay him every 7-10days as we have delivery every week but i failed to keep it. When after 2 weeks after my last payment i still was unable to pay him he started to harass me. He keeps texting me calling me a professional swindler, talking bad words to me, he even talked to my husband's brother about my company's debt and even told my brother in law to ask my husband to settle his account to that lender. (My husband is not part of the corporation nor work for the company). This lender even sent somebody to my house to talk about filing estafa against me if I couldnt pay him on a particular date. I told him that I am trying my best , doing everything I could to pay him but be a little patient for now as the business is not really doing well.   If I could not reply his text immediately as it is taking time for me to think what to reply so he wont be mad, he will go berserk, texting me anything like "estafador",  "putang ina" and I once told him saying sorry for my delayed reply as i was napping, i needed rest as my blood pressure went down (I am 7month pregnant) he would even reply vehemently. And now he gave me up to 15th of this month to settle my balance because if not he said he would file a case against me. I am worried now. Will I be imprisoned? Can I do something against him legally for harassing me and for being an illegal lender? God knows I really want to pay him.

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2 Re: illegal lender on Tue Jul 07, 2015 8:28 pm


Reclusion Perpetua
He could actually file a case for estafa against you but you can put the defense that there was no intention on your part to deceive them. You can be imprisoned if the prosecutor finds probable cause for estafa (which in my opinion is negative). Depending on the value, you may post bail.

You consult your lawyer. You may choose to file a case for coercion, threat, or anything even maybe VAWC depending primarily on what exactly he was telling you and how he does it.

Be he an illegal lender, you still have your obligation to pay. Any way, one does not to have a permit to lend money to someone unless he does it regularly/habitually/for business.

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