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syndicated estafa

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1 syndicated estafa on Wed Dec 29, 2010 12:23 pm

august


Arresto Menor
i'm trapped into usurious lending. some of the creditors charge 5 to 12.5% per month.. i dont have means to pay the interest since i lost my job. they threaten me if the interest will not be paid, syndicated estafa case will be filed against me. please advise me what to do...

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2 Re: syndicated estafa on Wed Dec 29, 2010 7:33 pm

attyLLL


moderator
did you issue checks? is there a written agreement where it clearly states you are undertaking a loan and the rate of interest? if there are docs, what do they say?


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3 Re: syndicated estafa on Thu Dec 30, 2010 12:56 pm

august


Arresto Menor
yes. i've issued checks representing payment for interest (monthly basis). when they've learned i can no longer pay the interest, they asked me to sign a PN to pay the principal on a certain date.

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4 Re: syndicated estafa on Thu Dec 30, 2010 1:41 pm

attyLLL


moderator
the possible criminal case they will file against you will be for any bounced check, not syndicated estafa.

you can use the promissory note as a defense against estafa and the bp 22 is it was meant to change your previous obligations, good luck.


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5 Re: syndicated estafa on Tue Jan 11, 2011 11:11 am

august


Arresto Menor
atty., when can it be considered a syndicated estafa? there are two creditors involved here. they threaten me to pay them in full otherwise, a syndicated estafa case will be filed against me and my husband (my husband does not know anything about it). an hdo will be issued against me and my family. the application fee of hundreds of thousands and atty's expenses will be shouldered by me.

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6 Re: syndicated estafa on Fri Jan 14, 2011 11:06 pm

attyLLL


moderator
what documents if any did you sign?


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7 Re: syndicated estafa on Sat Jan 15, 2011 2:42 am

august


Arresto Menor
at first, only pdc's wre given to them representing monthly interest. when they've learned that i can no longer pay the interest they asked me to sign a promissory note. they are asking for our house to be used as collateral (which belongs to my parents). they threaten me that once case is filed, id be served a warrant and will be sent to jail immediately (no bail). im trying my best to settle this amicably, but for them, the amicable settlement would be ill be paying the interest monthly til i could repay the whole amount.

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8 Re: syndicated estafa on Sat Jan 15, 2011 11:45 am

attyLLL


moderator
you can be charged with bp 22, but the estafa and no bail is a bluff. you cannot be arrested immediately because the case has to undergo preliminary investigation.

i would not recommend putting any house as collateral. if you are not able to pay, they can take the house by foreclosing on it.


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9 Re: syndicated estafa on Tue Jan 18, 2011 9:41 pm

august


Arresto Menor
they also threaten me they would be publishing my picture in the newspapers (notice to the public). they even included my husband in their complaint (my husband does not know anything about this). can an hdo be issued against us?

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10 Re: syndicated estafa on Wed Jan 19, 2011 10:01 pm

attyLLL


moderator
only by the regional trial court. but if they actually filed a complaint in the prosecutor's office they can request for issuance of 60 day watchlist order.


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11 Re: syndicated estafa on Thu Jan 20, 2011 12:55 pm

august


Arresto Menor
can they also file a complaint against my husband? what about the threat that they are going to publish my picture in the newspapers? would that be possible?

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12 Re: syndicated estafa on Fri Jan 21, 2011 9:49 am

attyLLL


moderator
if they publish your picture, you can initiate a libel case against them.

they can try to collect from your husband.


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13 Re: syndicated estafa on Sun Jan 23, 2011 10:13 pm

august


Arresto Menor
will i be imprisoned if i cannot settle the debt immediately? they want to take some of our things (appliances, furnitures, and even the car which is still encumbered). can they just do that?

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14 Re: syndicated estafa on Tue Jan 25, 2011 3:00 pm

attyLLL


moderator
please see post no. 8 regarding arrest.

only a court sheriff with valid court order can do that. they are just harassing you to pay.


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15 Re: syndicated estafa on Wed Jan 26, 2011 10:13 am

august


Arresto Menor
i forgot to mention that the money they gave was really meant to be lend to other people. there was no written agreement on that. to make the story short, eventually ako na yung naging borrower. i tried to pay the monthly interest but when i lost my job, i asked them if i can slowly settle the loan wthout paying the interest anymore. they threaten me this would be filed directly at mtc and with nbi because the amount qualifies as large scale estafa amounting to over a million pesos.

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16 Re: syndicated estafa on Tue Feb 05, 2013 12:41 pm

sassy178


Arresto Menor
Very similar d2 yung situation ng friend ko. Pwede kaya sya magfile ng TRO? sobra kasi sya iharass ng lender

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17 Re: syndicated estafa Today at 5:56 am

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