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Obligasyon Magbayad ng Utang

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1 Obligasyon Magbayad ng Utang on Fri Feb 18, 2011 2:20 pm

excel427


Arresto Menor
Hi Sir,

Somebody borrowed money from me and I sent it thru
money transfer. I have the receipt as proof. When its
payback time, I can no longer contact the person. He
has been evading my calls and would not even talk to
everytime I ask if he still intends to pay me.

Do we have a law on this? what legal action can I
take? its just a small amount of money PHP10,000 but
the principle still applies that I should be paid
for what they owe me. Please advise on how I should
go about this. Kawawa ang mga katulad ko na biktima.
Tatakasan ang utang just because maliit lang.
Kung may protection ang mga SINISINGIL meron din ba
protection sa mga NANININGIL?
Thank you very much Sir.

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2 Re: Obligasyon Magbayad ng Utang on Sat Feb 19, 2011 12:17 am

attyLLL


moderator
i recommend you consider a small claims case, details on sc.judiciary.gov.ph


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3 Re: Obligasyon Magbayad ng Utang on Sat Mar 12, 2011 1:49 am

Pinsalib


Arresto Menor
Hi sir,

I would to ask for your advice..

Last Nov 2010, a distant relative borrowed from me 50k pesos. She promised to pay it within 2 weeks plus an interest of 10% (commonly known as 5-6, it was her idea, not mine). We had this agreement written on paper. However, when the loan was due, she told me that she had my money loaned to a third person and that person will be paying the amount the following week. She asked me to give her more time and promised that she will pay me as soon as she gets the money. She also asked if I could extend her additional loan of 45k making her debt to 100k (50k original principal + 5k interest + 45k additional) with the same interest rate of 10% every 2 weeks. I was hesistant to give her the additional loan kasi para sa akin e malaki na yung 50k na utang nya but she is a relative, and according to my mother, she was a good payer. I give her the additional 45k but without any written agreement (I admit, it was my mistake).

After two weeks, I texted her telling her to pay the 100k plus interest to my mother instead since I was in manila at that time when the loan was again due. I learned later from my mother that she only paid 14k pesos and again asked if she could pay the balance in 1 week time since she again loaned it to another third person.

To cut the story short, she never paid anymore. I kept on asking her through text about the loan but she only gave reasons and kept on asking for more time.

Last month, I lost my job and I really needed the money I gave her. I kept on texting her almost everyday, begging her to pay, even telling her to waive the interest, just pay the principal amount, but to no avail. Oftentimes she just ignored my texts and calls.

Sir, what should I do? Can I still recover the whole principal I gave her even if only 50k pesos was with a written agreement? Is my case within the jurisdiction of the small claims court? If ever this case will reach the court, will I stand a chance considering the lack of proof?

I only had the intention to be helpful but she betrayed me, and now I am suffering for being trustful.

Please help me sir...

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4 Re: Obligasyon Magbayad ng Utang on Wed Mar 16, 2011 7:05 pm

attyLLL


moderator
you can still allege the additional amounts but you will have to provide proof if it is denied that it was received.

if you go small claims, only up to 100k can be claimed


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5 Re: Obligasyon Magbayad ng Utang on Thu Mar 17, 2011 3:24 am

simplengtanong


Arresto Menor
excel427 wrote:Hi Sir,

Somebody borrowed money from me and I sent it thru
money transfer. I have the receipt as proof. When its
payback time, I can no longer contact the person. He
has been evading my calls and would not even talk to
everytime I ask if he still intends to pay me.

Do we have a law on this? what legal action can I
take? its just a small amount of money PHP10,000 but
the principle still applies that I should be paid
for what they owe me. Please advise on how I should
go about this. Kawawa ang mga katulad ko na biktima.
Tatakasan ang utang just because maliit lang.
Kung may protection ang mga SINISINGIL meron din ba
protection sa mga NANININGIL?
Thank you very much Sir.


HANAP KA ABOGADO TAPOS MAG FILE KAYO NG ACTION FOR COLLECTION OF SUM OF MONEY. ITAGO MO UNG RESIBO, AT AS MUCH AS POSSIBLE WOG MO BURAHIN IF EVER MAN NA MERON KAYUNG TRANSACTIONS SA SMS.

HOWEVER...... BASE SA MGA SALAYSAY MO E WALA NAMAN KAYONG PINAGKASUNDUANG ARAW KUNG KAILAN NYA BABAYARAN ANG UTANG KAYA KAILANGAN MO MUNANG PUMUNTA SA KORTE AND LET THE COURT FIX THE DURATION OF PERIOD KUNG KAILAN SIYA DAPAT MAGBAYAD (ART. 1197 NCC) AND UPON THE ARRIVAL OF THE JUDICIAL PERIOD AND HE FAILED TO PAY THE OBLIGATION, THEN THAT IS THE RIGHT TIME TO FILE AN ACTION FOR COLLECTION OF SUM OF MONEY.

---

LAW STUDENT



Last edited by simplengtanong on Thu Mar 17, 2011 3:39 am; edited 1 time in total (Reason for editing : ADDITIONAL INFO)

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6 Re: Obligasyon Magbayad ng Utang on Thu Mar 17, 2011 3:34 am

simplengtanong


Arresto Menor
Pinsalib wrote:Hi sir,

I would to ask for your advice..

Last Nov 2010, a distant relative borrowed from me 50k pesos. She promised to pay it within 2 weeks plus an interest of 10% (commonly known as 5-6, it was her idea, not mine). We had this agreement written on paper. However, when the loan was due, she told me that she had my money loaned to a third person and that person will be paying the amount the following week. She asked me to give her more time and promised that she will pay me as soon as she gets the money. She also asked if I could extend her additional loan of 45k making her debt to 100k (50k original principal + 5k interest + 45k additional) with the same interest rate of 10% every 2 weeks. I was hesistant to give her the additional loan kasi para sa akin e malaki na yung 50k na utang nya but she is a relative, and according to my mother, she was a good payer. I give her the additional 45k but without any written agreement (I admit, it was my mistake).

After two weeks, I texted her telling her to pay the 100k plus interest to my mother instead since I was in manila at that time when the loan was again due. I learned later from my mother that she only paid 14k pesos and again asked if she could pay the balance in 1 week time since she again loaned it to another third person.

To cut the story short, she never paid anymore. I kept on asking her through text about the loan but she only gave reasons and kept on asking for more time.

Last month, I lost my job and I really needed the money I gave her. I kept on texting her almost everyday, begging her to pay, even telling her to waive the interest, just pay the principal amount, but to no avail. Oftentimes she just ignored my texts and calls.

Sir, what should I do? Can I still recover the whole principal I gave her even if only 50k pesos was with a written agreement? Is my case within the jurisdiction of the small claims court? If ever this case will reach the court, will I stand a chance considering the lack of proof?

I only had the intention to be helpful but she betrayed me, and now I am suffering for being trustful.

Please help me sir...


1. THIS IS A PURE OBLIGATION - IKAW AT SIYA ANG PARTIES SA OBLIGATION WHEREIN IKAW ANG CREDITOR AT SIYA ANG DEBTOR. HER CONTENTION OF PAYING HER OBLIGATION WHENEVER THE THIRD PERSON (SHE MENTIONED WHO CONTRACTED A SUBSEQUENT LOAN TO HER WHOM SHE CONVEYED THE MONEY YOU LEND) WOULD PAY THE SAID MONEY WOULD NOT EXTEND THE PERIOD OF DEMANDABILITY OF HER OBLIGATION UNLESS YOU EXPRESSLY OR IMPLIEDLY PERMITTED S0. AND SINCE DUE AND DEMANDABLE NA ANG OBLIGATION.........>>>

2. FILE AN ACTION FOR COLLECTION OF SUM OF MONEY. INGATAN MO YANG MGA PROMISORY NOTES, EVIDENCE YAN. PATI NARIN UNG MGA COMMUNICATION NYA SA SMS MO. BE CERTAIN SA MGA DATE SPECIALLY YUNG TIME NA UMUTANG SIYA SAYO.

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7 Re: Obligasyon Magbayad ng Utang on Fri Mar 18, 2011 11:47 pm

Pinsalib


Arresto Menor
Thanks po sa advice mga sirs. I sent her a text message lately wherein mentioned doon na may utang sya sa akin na 100k plus interest. Tapos nagreply po sya ng, "k". sufficient na po ba yun as admittance na may utang nga sya sa akin na ganung halaga?

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8 Re: Obligasyon Magbayad ng Utang on Sat Mar 19, 2011 7:32 am

attyLLL


moderator
pinsalib, i would argue that is a valid acknowledgment. the problem will be proving that she was the one who sent the message if she denies it.


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9 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 10:58 am

bel08


Arresto Menor
gud am..i have my fren na d alam ang gagawin kasi kinuhanan nia ung tito nia ng pera sa kapitbahay nila na my interest..mag 2 years na dis de.na di sila nagbayad ng interest..bt humingi xa ng tulong sa tita nia abroad bt pumayag na tulungan xa pero makiusap sa nagpapautang na 5k a month ibibigay..wen they ask the nagpapautang ayaw pumayag ung 20k kasi na capital na hiniram niya e nging 60k na nkiusap ung tita nia na babayaran nia ung 60 5k every month para lang matapos eh ayaw pumayag pinakapitan ung fren ko kasi alam naman nia na kasalanan nia un..at nkiusap na siya ng ilang beses.ayaw pa din pumayag nung inutangan nilang kapitbahay nila..ano po ba pede gawin nung kaibigan ko?hindi naman niya tatalikuran as he promise sa barangay at sa nagkautangan niya.

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10 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 11:09 am

bel08


Arresto Menor
umutang ung fren ko ng 20k last 2009 ng january..sa kapitanahy namin na nagpapa 5-6.and pinahiram naman siya di nakapagbigay ung kaibigan ko ng interest hanggang ung 20k eh naging 60k na daw..nakiusap ung kaibigan ko na hulugan na lang niya ng 5k a month hanggang matapos ung 60k kasi humingi lang siya ng tulong sa tita niya para matapos lang eh ayaw naman nong nakautangan niya ang gusto 5k a month bale ung 2k ibabawas interest nung 20k tapos ung 3k ibabawas don sa 60k..bale pag magbibigay kami ng 5k a month 3k lang ung nababawasan sa 60k a month..pinabaranggay ngaun ung kaibigan ko sabi ni kagawad sa kaibigan ko buti di ka sinsingil ng 6k a month (compulsary daw).nagpromise naman ung kaibigan ko na babayaran niya un unti unti pero ayaw pa din pumayag basta un na daw usapan 5k monthly 2k interest of 20k 3k bawas sa 60k(sum total for almost 2 years.)sinabi na idedemanda daw nila kaibigan ko natatakot siya kasi pumirma siya sa barangay kasi pinapirma daw siya nung kagawad..ayaw niya pumirma nung una kasi nga wala siyang alam na ibabayad maliban sa tulong na ibibigay ng tita nia..ano po ba pwedeng gawin ng kaibigan ko?kasi natatakot po siya baka ma estafa daw po siya at may banta na idedemanda na siya.wait for ur reply..thanks in advance

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11 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 7:15 pm

attyLLL


moderator
do they have a written loan agreement?


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12 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 7:18 pm

gurl09


Arresto Menor
wala po only in the barangay po na nag settle kmi pero di naman na settle

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13 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 7:20 pm

gurl09


Arresto Menor
kasi wala naman kming alam na ibabayad..only the help of my tita para lang di nanakahiya..kasi utang naman nmin un eh

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14 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 7:44 pm

bel08


Arresto Menor
wala po un lng po ung sa barangay po nung ngusap kmi..maari po b ko ksuhan ng estafa atty.? o mkukulong po b ko?

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15 Re: Obligasyon Magbayad ng Utang on Mon Oct 03, 2011 7:53 pm

bel08


Arresto Menor
ano po ba mgandang gawin atty.?kong iba2lik ko po ung 20k?tapos ung interest hulog hulugn ko n lng..much better kya un?

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16 Re: Obligasyon Magbayad ng Utang on Wed Oct 05, 2011 7:27 pm

bel08


Arresto Menor
atty.pumunta ko ng barangay knina para ma settele ung inutang namin na 20k na naging 60k?magbabayd ko ng 20k knina pero di didnt want na tanggapin ung 20k guto ibawas sa interest na 40k..di naman po ko pumayag gusto nnila na di na sila interesado sa ibabayad ko masira lang nila pangalan ko..ipapa nbi daw ko..

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17 Re: Obligasyon Magbayad ng Utang on Wed Oct 05, 2011 7:44 pm

bel08


Arresto Menor
sabi ko pauna na lang ung 20k tapos huluigan ko na alng 1k mothly ayaw pa din tnaggapin.gus2 pag hinulog ko ung 20k ung interest na 40k 10k a month un every month interest hanggang di matapos..


pls..need your reply attyLLL

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18 Re: Obligasyon Magbayad ng Utang on Fri Oct 07, 2011 7:32 pm

attyLLL


moderator
if they won't accept it, then you'll have to wait for their next move.


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19 Re: Obligasyon Magbayad ng Utang on Fri Oct 07, 2011 7:54 pm

bel08


Arresto Menor
ok thanks..kasi ang sinasabi is ang laban daw nila for filling estafa case against me ung pinirmahan kong loan of agreement sa brgy.na di natupad..thanks again for the time atty.

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