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BP 22 - URGENT HELP NEEDED

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1 BP 22 - URGENT HELP NEEDED on Fri Dec 31, 2010 3:02 am

joshnoynoy


Arresto Menor
Hi.

I was hoping someone could enlighten me on the following case of a relative (defendant). Here is the summary of the facts:

- She was charged with BP 22 (Bouncing Checks)
- The case is not yet finished but her house (collateral for a loan agreement between plaintiff and defendant) was already seized by the sheriff sometime between 2002-2004
- The occupants already vacated the premises
- The house and lot was already converted into a boarding house by the plaintiff (a corporation)

My relative is still receiving letters from the court for her cross examination until today.

I don't know what else the plaintiff wants as they already have the property.

QUESTIONS:

1. Was the seizure of the property still not enough payment?

2. If the worth of the property is not sufficient to cover the cost of the loan, can my relative be imprisoned?

Thank you very much for your help. Hoping for an accurate and speedy reply from anyone =)

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2 Re: BP 22 - URGENT HELP NEEDED on Fri Dec 31, 2010 4:40 pm

attyLLL


moderator
difficult to say. seizure of the property may have been a different case. bp 22 is about the issuance of a bad check, not the payment of a debt.

i recommend your relative explore some agreement with the complainant to reach an agreement to dismiss the case.

meanwhile, if she ignores the court, a warrant will be issued for her arrest.


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3 Re: BP 22 - URGENT HELP NEEDED on Sat Jan 01, 2011 4:13 am

joshnoynoy


Arresto Menor
Thank you very much for your quick reply, even on a holiday.

Just to further clarify, when you said "bp 22 is about the issuance of a bad check, not the payment of a debt", are you saying that even when the amount due to the plaintiff will be paid, the bp 22 case can still go on?

Again, heartfelt thanks for your answers. You guys are a big help to many folks seeking free legal advice.

God bless you all for your efforts and Happy New Year!

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4 Re: BP 22 - URGENT HELP NEEDED on Sat Jan 01, 2011 3:43 pm

attyLLL


moderator
yes, it can go on. in bp 22, after the check bounces, you have 5 days to make good on the check else the crime is consummated.


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5 Re: BP 22 - URGENT HELP NEEDED Today at 10:02 am

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