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LEGAL ADVISE REGARDING DEBT / PLEASE HELP

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1 LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Wed Jan 05, 2011 2:52 am

shonen.knife


Arresto Menor
Hihingi ako ng advise regarding sa utang na ayaw ng bayaran. Ginamit niya ung credit card ng anak ko pambili ng cp niya year 2009. nagbabayad siya pero hindi umaabot sa minimum due. lumobo ang bayarin kasama mga interest. humiram siya ulit sa sa akin ng P25,000 para bayaran ang credit card ng anak ko gamit ang cooperatiba na nakapangalan sa akin noong nov. 2009. nangakong magbabayad ng p1,500.00 para sa monthly fee. nang maghiwalay sila hindi na siya nagbayad muli. ni makipagusap sa amin hindi narin. nagusap sila ng anak ko noong sept 2010 nagbigay siya ng paunang bayad ng p3,000.00, noong oct 2010 p1,500.00 at etong huli nov 2010 p1,000.00, eto na raw ang huli niyang bayad sa amin. sinabihan narin namin ang parents niya at opisina regarding this matter. paano namin siya masisingil at ano ang dapat naming gawin dito? pwede ba namin siya sampahan ng kaso? at anong kaso? alam namin saan nakatira, contact no. at opisina. sana matulungan mo kami. salamat. lubos na gumagalang shonen.knife

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2 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Thu Jan 06, 2011 11:17 am

attyLLL


moderator
if you live in the same city or municipality, you should first file a case for collection at the bgy where he resides. after which, you can file a small claims case at the MTC. no lawyer required. rules on sc.judiciary.gov.ph


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3 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Thu Jan 06, 2011 2:56 pm

shonen.knife


Arresto Menor
What if he is leaving in Pasay City and me in Paranaque City? which brgy where I file? and MTC? Do they have filling fee? In filling what are the documents needed? Is it only a complaint form? We don't have any written agreement regarding the debt but he knows and he pay's me money before. Thank you.

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4 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Thu Jan 06, 2011 4:51 pm

attyLLL


moderator
in that case, you can file directly with MTC in Parnaque. yes there will be filing fees, it will be better to inquire at the court.

my worry for you is how you will prove that he has a debt to you if he denies it.


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5 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Fri Jan 07, 2011 12:40 pm

menggay27


Arresto Menor
ask ko lang po, me mga demand letters po ako nareceive from credit card companies, magpa file na daw po sila ng case against me in court, although i make it a point to pay in small amounts monthly. paano ko po malalaman if they have already filed case against me? puede po ba ako ihold sa airport if ever i will leave the country even for several days only, dahil dun? di naman po kalakihan ang utang ko sa cards, dahil lang po sa interest kaya lumaki. tnx i really need immediate answers. best regards.

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6 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Fri Jan 07, 2011 1:27 pm

shonen.knife


Arresto Menor
So, how can we prove that he owes me money? hindi ba good proof na he pays me money for 3 consecutive months? and through atm deposit? thank you.

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7 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Sat Jan 08, 2011 8:45 am

attyLLL


moderator
menggay, unless you want to go around all the prosecutor's offices, at most you can just wait to receive a notice. However, i recommend that you respond to the letter by stating that you are paying what ever small amount you can. what you should not do is to move house or office without informing the credit card company because that will raise the presumption of fraud.

it is not a crime to fail to pay a debt, so no criminal case can prosper. i doubt they will go so far as to have a watch list order issued against you.


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8 Re: LEGAL ADVISE REGARDING DEBT / PLEASE HELP on Sat Jan 08, 2011 8:47 am

attyLLL


moderator
if nothing else, then you'll just have to go with your testimony and that of your witnesses. if you can show in your bank records that you withdrew money on that day, even better.

his payments show that he had a debt, but not how much. just be ready if he lies and says that he is fully paid.


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