Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Estafa Case Concern

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Estafa Case Concern on Wed Jul 05, 2017 9:40 pm

kevindd992002


Arresto Menor
We sold a Macbook Air to a buyer this week and didn't expect that it will turn out to be a case of Estafa Sad

So what happened was he asked me if I wanted the money to be deposited through my bank or just cash. I opted for deposit through bank so that I won't have to deposit it myself. The amount was P41,0000.

So the buyer set up an appointment of July 3, 2017 (Monday) to get the laptop. He apparently deposited the money to my BDO account since July 2, 2017 (Sunday). When we met up last Monday, he gave me the deposit slip, I checked my BDO account online and the money was there, so all and good. Come Wednesday, I checked my account again and noticed that the money was tagged as a "local returned check". I didn't have a clue that he used a check to deposit the money and that it needs a 3-day clearance for the actual funds to be deposited.

I cannot contact him anymore as he doesn't answer my calls and now he turned off his phone already. We met at Starbucks and I already requested for a CCTV footage so that I have evidence. We also requested the check retrieval from BDO so we should have it by tomorrow.

When we get the check, I'll be able to trace which bank he used. How do I do a trace from there? I know every bank follows the "Bank Secrecy Law" so how would I be able to pull up his details?

What is the next step to this headache? Sad I hope you can help me deal with this. The amount is significant.

View user profile

2 Re: Estafa Case Concern on Wed Jul 12, 2017 10:57 am

kevindd992002


Arresto Menor
Why can't any lawyer reply here?

View user profile

3 Re: Estafa Case Concern on Wed Jul 12, 2017 12:52 pm

Jadis

avatar
Reclusion Perpetua
Do you have this person's contact details and address?

Hire a lawyer to prepare a complaint for estafa and BP 22.

View user profile

4 Re: Estafa Case Concern on Wed Jul 12, 2017 12:57 pm

kevindd992002


Arresto Menor
That's the thing because I only have his contact number. I already have a case filed in PNP's Anti-CyberCrime Group and we need the address to proceed with the filing of the case to the court and getting subpoena's and a warrant of arrest.

I have the suspect's full name and photo already (we got it from Facebook and his bank confirmed that it is really him). It's just the address that we're having problems with. Can we request details of a person from NBI or NSO perhaps?

How much is it to hire a private lawyer? The police said that I don't need a lawyer for now as the prosecutor will be the one filing the case to court when we have the address already. I'm not sure if what they're saying is accurate hence why I posted in this forums seeking for help.

View user profile

5 Re: Estafa Case Concern on Wed Jul 12, 2017 1:11 pm

Jadis

avatar
Reclusion Perpetua
The Prosecutor's Office cannot be saddled with preparing your affidavit complaint. Unless you have already made a statement, and if you are already satisfied with that (there are usually a lot of grammatical errors and things that do not translate well when transcribed) then go ahead and do not hire a lawyer.

How about this person's place of work?

View user profile

6 Re: Estafa Case Concern on Wed Jul 12, 2017 1:22 pm

kevindd992002


Arresto Menor
I see. I did make a statement in the police report already. Like I asked though, how much is the going rate of a private lawyer? We are after the Macbook or the 41K that should've given to us as payment. So hiring a lawyer that's super expensive would be kind of counter-productive to our goal, if you know what I mean. But I would really want to hire a lawyer if it makes the process easier.

No, the buyer is a total stranger to me. And based on FB comments, he really is a scammer.

View user profile

7 Re: Estafa Case Concern on Mon Jul 17, 2017 6:36 pm

kevindd992002


Arresto Menor
We got hold of his last known address already. Any further help here please?

View user profile

8 Re: Estafa Case Concern on Mon Jul 17, 2017 7:29 pm

Jadis

avatar
Reclusion Perpetua
Fill out the NPS Data Investigation Form and attach the complaint. You might want to revise your statement to include this new information, and to include the fact that as it appears from Facebook, this is some sort of modus.

View user profile

9 Re: Estafa Case Concern on Mon Jul 17, 2017 8:23 pm

kevindd992002


Arresto Menor
Will that form be provided by the police investigator of the case that I have filed in the PNP ACG? It does look like a modus and based on what we gathered most of his victims were his college batchmates.

View user profile

10 Re: Estafa Case Concern on Mon Jul 17, 2017 11:21 pm

Jadis

avatar
Reclusion Perpetua
No it's from the Prosecutor's Office

View user profile

11 Re: Estafa Case Concern on Mon Jul 17, 2017 11:27 pm

kevindd992002


Arresto Menor
So do I need to file an NPS Data Investigation From separately when the police said they will also bring this up to the Prosecutor's office? Won't those be two redundant cases?

View user profile

12 Re: Estafa Case Concern on Mon Jul 31, 2017 2:40 pm

kevindd992002


Arresto Menor
@Jadis

I talked to a lawyer friend and he recommended me to file a small claims case in court instead of trying to file a criminal case with the help of the PNP and Fiscal without a lawyer. He said that since the amount is just 41K, small claims is applicable. He also said that if I push through with the criminal case without a lawyer, it will take forever for me to wait for a lawyer from the Prosecutor's office to bring this up to court. And since I only have the temporary address of the suspect in Davao (I gathered that the suspect lives in Pateros), there is a high chance that the case will be dismissed by the court because a demand letter should be "physically" received by the suspect. In a nutshell, I need the exact Pateros address of the suspect to continue.

Are these information all accurate?

View user profile

13 Re: Estafa Case Concern on Tue Aug 01, 2017 3:38 pm

kevindd992002


Arresto Menor
A little help here please?

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum