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1 BOUNCED CHEQUE. on Wed Nov 04, 2015 3:01 pm


Arresto Menor
Good day po mga atty.

I have a business partner here in our town, sa umpisa ok nman po ang business nmin, and in sometime last august mejo bumaba na ang sales, I request a pull out of investment, he gave me a post dated cheque due last sept 17, 2015. Then the day came "Sept 17" I go to the bank, and the teller says the check should be replace, wala po daw pondo yung checke na binigay sa akin nun Aug 17. Then tinuloy ko pa din ipasok sa bank ko, then nag return ang cheke sa akin at sabi ng bank ko eh closed account na po daw. What remedy po kaya ang maganda kong gawin at lalo na ngayon hindi ko na mahagilap yung ka partner ko at parang nagtatago na po sya?

Hope you can help me to find a better solution LEGALLY to this problem, thank you and god bless

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2 Re: BOUNCED CHEQUE. on Wed Nov 04, 2015 6:15 pm


Reclusion Perpetua
In the Philippines - but not in many other countries - it's legal to predate checks,
but it's illegal if the check bounce...
If the person himself close the acount before the check date, then I see it as a scam...

I don't know how hard punishment such crimes get, but I suppouse prison is in the punnishment scale, so the other person better be interested in doing his best to solve giving you compensation to avoid you file an estafa, which can put him in prison...
(In a rather big scam case, the responcible have given the whole businress property to the investors and try to pay back the investors against they take back the estafa... In that case the responcible perhaps had NOT planned to scam, they hadn't thought enough ahead Laughing so they had NO CHANCE to fullfil what they had promised many years later, because they hadn't thought of the costs THEY had to pay themselves every year after 6 years...)

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3 Re: BOUNCED CHEQUE. on Sat Nov 07, 2015 8:58 pm


Arresto Menor
Good day!
I have the same situation, but our case naman, he bought books to us for his 4 school.
his first check bounced and we learned that its closed account. My question is, If I file a stafa case, yung permit nila to operate a school madadamay? he promised to pay us several times, replace the check until finally this October when we deposit the check, it was a closed account. He started paying staggered, but the payment was just 10% of their payable after that, we never heard from him.

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4 Re: BOUNCED CHEQUE. on Sun Nov 08, 2015 5:17 am


Reclusion Perpetua
LUigibelle wrote: If I file a stafa case, yung permit nila to operate a school madadamay?
we never heard from him.
I don't know. Perhaps the baranggay/municipaly office will include that, when they handle next business permit extend for next year.

Do you mean he has disapeared or only just not answer when you call?

Only 10%. It seem he give you to low priority. I suppouse he will get new school fees income soon...

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5 Re: BOUNCED CHEQUE. on Sun Nov 08, 2015 1:16 pm


Arresto Menor
he does not reply to our messages. The last time we text him, we told him that we will file estafa case. Yes he does get new school fees but according to the other branches of his school, they paid him already few months ago pa for the books he they bought from us. Its been 5months since we delivered the books to their school. Im not sure if the checked he issued is personal or with the school, what I really wanted to happen is his school operation will be affected when we file
a case.

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6 Re: BOUNCED CHEQUE. on Sun Nov 08, 2015 10:35 pm


Reclusion Perpetua
Oh I thought he OWN the school.
What do the school say, when you tell them you haven't got pay?

If he has got pay from the school to pay to you, then - I don't know what it's called perhaps "fraudalante beviour against the school".
But why would the school pay HIM to pay YOU, instead of the school pay you DIRECT??
Have you tried demanding the money DIRECT from the school? IF they have paid him to pay you, I see that as a question between THEM, not suppoused to be your problem, because the SCHOOL USE YOUR books.

I would talk to the school first
and if that don't help, talk with the baranggay BEFORE the school get extended permit...
TELL the school you will do that if they don't solve it SOON.

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