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Estafa and bounced checks

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1 Estafa and bounced checks on Mon Mar 19, 2018 9:55 am


Arresto Menor
Hello po,
Need advise po kasi i've been depressed na po for the past few months. Nagpapautang po ako gamit ang pera nang mga kaibigan ko in return po nagkakaron po ako nang comission. Ako po bale ang guarantor na kapag di nakabayad yung client ako po magbabayad. Nagtagal po ng taon yun negosyo until nawalan po ako nang trabaho plus yung mga kliyenteng di nagbayad at meron man magbayad kulang2 na umabot na po sa milyon yung utang. Out of desperation po nagsasabi ako sa mga investors na may nangungutang kahit wala naman para po may maipambayad sa lumang utang. Hanggang sa naipit na po ko at di ko na alam gagawin. Naalis po ako sa trabaho kasi di na ko pumapasok dahil gusto ko nlang gawin is umiyak nang umiyak. Kung kasuhan po ako nang estafa, wala na po ba ko chance na makipagnegotiate na magbabayad ako sa halagang kaya ko? Nasa ibang bansa po ako ngaun para maghanap nang trabaho dahil yun lang po naisip na paraan nang nanay ko para makapagbayad ako at magkaron ako nang bagong environment kesa daw po magkulong lang ako sa bahay at magiiyak. Di ko na po kayang harapin yung mga investors kasi di ko na po kaya ihandle yung sitwasyon. Kung ano2 na din po nagiging sakit ko kasi di ko mapigilan isipin yung kalagayan ko ngaun. I desperately need your advise po. Thank you po

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2 Re: Estafa and bounced checks on Tue Mar 20, 2018 9:06 pm


how much is involved? come up with a plan on how to pay everyone back. the only way out of this is to get them to agree to a settlement. ask help from relatives.

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3 Re: Estafa and bounced checks on Tue Mar 20, 2018 11:43 pm


Arresto Menor
Hi sir.

My friend got a 3-yr loan from a bank in 2011 and was able to pay it for one year. She stopped paying because she lost her job and was unable to get a job until a year ago. Because of the struggles she encountered, she had to sell her house and moved to live with a relative. Now, she was located by the collection agency and being forced to pay up the amount due. She is offering a payment arrangement but the agency wants her to pay more. She has no assets and earns very little from her present job. My questions:

1) her last monthly amortization was due March 26, 2014. Does that mean that a bp22 case can no longer be pursued against her because the 4 yr period would have lapsed by mar26 this year?

2) If a civil case will be filed to collect the amount due, since she has no assets, what can the court award the lender? She is the only one earning income to support her 2 young kids and her diabetic husband. Will the court allow her to set aside a portion of her monthly income for family or living expenses in case her monthly earnings will be awarded to the lender to pay off the loan gradually?

3) If her liabilities are really too much relative to her income, is filing for insolvency under RA 10142 an option?

She wants the agency to stop threatening and embarrassing her in the office and in the barangay. Because she could lose her job which is her only source of income. If she cannot pay, and that is not acceptable to them, then they should just file a case if they really intend to file a case, right? But the thing is, they are just harassing her. What can she possibly do to stop the harassment? She tried to negotiate with the bank directly, but the bank has informed that it is already with the agency.

Truly hope you could help...

Thank you so much.

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