1 masalimuot po! on Wed Jun 15, 2016 2:22 am
2 Re: masalimuot po! on Wed Jun 15, 2016 2:52 am
Let me just organize the facts:
1. You and your brother opened a joint checking account;
2. You issued 36 checks to the developer;
3. Your checks bounced because of insufficient funds;
4. You've been depositing money into your account religiously;
5. Developer has sent you a demand letter;
6. Developer will cancel your account and forfeit all payments.
I have just one question: Who is your attorney-in-fact?
From your account, it seems that your brother has been writing checks too.
My observations are:
1. You cannot shift the responsibility to someone else regarding the checking account. It's yours and your brother's. If you are sure that you didn't open a joint account, then you were hoodwinked by your brother.
2. From the developer's point of view, client's check bounced due to insufficient funds. After 3 months of not paying, the account is usually cancelled and all payments forfeited.
3. Your lawyer will be advising you not to pursue the case if he sees that this will only clog the courts, and he may be open to a lawsuit for suspension or disbarment.
My suggestions are:
1. Get a bank statement
2. Find out what date your check bounced
3. Read your condo contract
4. Talk to the developer
Let us know what happens next so you may be advised. Good luck.
3 Re: masalimuot po! on Wed Jun 15, 2016 8:31 pm
1. hindi po sinamahan lang po nya ako pra i pag drive no idea for joint account.
2. opo 36 checks for 3yrs payment ako lang po ang ng sign
3. wla pong ng bounce checks my mga OR po silang pinadala saken thru email po mula 12/2009 to mid 2011 at 2x po ng 2012 . Ble po wala na silang nakuha payments ilang buwan ng 2010 ,2011 and 2012 nalaman k po na may unpaid dues ako once ng june 2011 at once ng nov 2011 kya po umuwe ako ng dec
5 Re: masalimuot po! on Sat Jul 02, 2016 3:56 pm
so maybe you're lucky coz may amnesty that's being offered to you, but be careful accepting that as well,coz signing up on that amnesty means you are accepting that everything about the non-payments are true and you genuinely didn't pay. if i am you,i'll investigate first the money flow from your remmittance center to your account in the philippines, if there's deductions/withdrawals for cheque settlement sa amortization mo receipted to your developer,then nagbayad ka, but if your deposits are withrawn before the scheduled cheque settlement , and is receipted as withdrawn from atm or counter, then your cheque will bounce coz there's no fund.
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