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1 PREVIOUS LOANS / PERSONAL INSOLVENCY on Mon Mar 19, 2018 8:34 pm


Arresto Menor
Good evening, everyone.

I've been reading your forum regarding unpaid loans and I find your answers to be quite useful.

Here's my history and I'll keep it short.

I took out loans and credit cards in Dubai, UAE. I worked there for 5 years and in 2009, I was made redundant and had to exit to the Philippines. Since then, I never made it back because I had difficulty finding a job and all the money from my account (savings, last salary and gratuity) all went to cover up the credit I have left.

In 2010, I was contacted by different agents from collection agencies and they were very aggressive with demanding payment so I started avoiding their calls and threats, to a point that I did not disclose my current location. I'm traumatized, severely depressed to a point in my life, with the experienced even after 9 years later.

Fast-forward to present day, I received a Facebook message from an individual stating that I have to contact this other person for assistance because my 'amnesty' is about to expire. No other details were given. Another recent incident, some individual went to my relatives in our home town and asked for me because I have pending Police Case and Travel Ban. But my uncle refused to give the man details. But they did not divulge details. The person did not even leave a business card or documents. (First they say I have a police case and then they say I have amnesty that is yet to expire?).

I'm a stay-at-home mom. My husband is the bread winner of the family.

I literally have nothing of value left. I sold what little jewelry I have to relatives to pay other debts I owed to individuals/friends from Dubai when they arrived for vacation in the Philippines. I have no property to turn over.

I honestly cannot afford to pay my debts. I'm neck-deep in debt. I have to start getting back in the workforce since our family is growing and my husband might come to a point that he might not be able to shoulder everything. But even if I get into work, the salary they offer here for the profession I have will not cover for the debt that might have quadrupled over the last 9 years. I'm not running away for the debt. If I can still afford to pay it, I would. But I can't. But at the same time, I have to start living again to help support my husband.

I'm just afraid that if I get in touch with them, they will hound me again, relentlessly. Threaten my family and get my children involved.

So these are my questions:
1). How do I file for Personal Insolvency and how much will it cost me all in all? I don't have much.

2). In order to obtain personal loans in Dubai, I had to sign blank post-dated checks (in favor of the bank). Eventually, when checks bounce in the UAE, this automatically results in both criminal and civil case in THAT country. My question is, if my bad debts are written off by the bank and sold to collection agencies, will I be liable for the bounced checks originally in favor of the UAE bank, through these collection agencies, hence be charged of estafa in the Philippines? In other words, is this legal power to file a case against bounced UAE checks transferable to collection agencies here?

Thanks in advance for giving me your time.
Goya Goya

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2 Re: PREVIOUS LOANS / PERSONAL INSOLVENCY on Mon Mar 26, 2018 3:26 pm


Reclusion Perpetua
1. you cannot file for individual bankruptcy if you do not have enough assets to cover your debts.
2. most probably your debt was sold off to collection agencies in the Philippines. the collection agency cannot file a criminal case against you in the Philippines as you did not commit any crime in the Philippines (only in UAE). only a civil case for collection.

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3 Re: PREVIOUS LOANS / PERSONAL INSOLVENCY on Mon Mar 26, 2018 4:01 pm


Arresto Menor
salamat po sa reply. so if they file civil case at wala po talaga sila makukuha to cover debt, ano po mangyayari? ma dismiss po ba kaso due to insufficient funds to cover debt in case the collection agency refuse to accept payment within my means? Sobrang laki pa rin po hiningi nila. hindi pa nman umabot sa court. pero what if umabot nga at wala talaga po pambyad ano po likely magiging decision ng judge?

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