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Estafa case - Law Office suited to represent me?

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privateman


Arresto Menor
Dear Lawyer/s

I bought an item 2014 worth P200,000.00, initially I was surprised that the next day the seller informed me that they do not have it "on-hand" and that the item is per order basis. I agreed and never argued. I was a busy person and I have alot of projects to tend to.

Its 2018 now and the item is still yet to be delivered to me. From 2014 to 2017 I usually followup via call and personal visit 3 times a month, and never did I raised my voice or engaged in any hateful remarks due to frustration. November of 2017, I was able to talk to the owner of the store and the owner without even thinking I was deprived of the item I paid for in full, uttered "e di i-refund mo?". I truly like the item and its why I have waited for so long, but then frustration kicked in and I agreed. I photo-copied the receipt and have their employee signed it as proof they received the original copy -it was part of their process and I cannot say no to it.

March 2018, I tried calling the owner but she simply dismissed me like I am some irritant - Without even a professional approach to it e.g calling me Sir or Po. I do not understand how they practice sales calls, really? In other words, she knows something I do not know.... like,

Is there a statute limitation to Fraud or Estafa case?
Does she have a law firm of her own?
Is she is partnered with riding-in-tandem assassins that its easy for her to simply discount the fact that I paid her in full and she did not deliver.

I went to a law firm in BGC, Taguig City and requested the ff:

1. That I want to file both Criminal and Administrative case against the store owner or the Store.
2. That 5 years has been way too much pride off the table, also we are past demand letter so negotiation to return my money is no longer an option
3. That damages for both Criminal and Administrative case should be collected upon wining of such case

The law firm asked for the ff: in return:

1. PHP50K for administrative case; another PHP50K for criminal case = PHP100K for the case to forgo
2. PHP100K advance payment
3. PHP100K monthly payment

I am no drug-lord and I cannot afford such payment plan for a PHP200,000.00 worth of item + no idea even how much damages would I be able to collect?

A.) May I ask if there's an experience and aggressive law firm with better rates you could recommend?
B.) With the case I have in mind, I believe it might take 3 to 5 years even to finish the litigation, am I on the right track to teach the other party a lesson?
C.) Is it worth to see the victory light at the end of the tunnel?
D.) Assuming there's a law firm who would offer half of the rate implicated, PHP50,000 for both Criminal and Administrative, I fear that I am still looking at 50K/month x 36 months = 1.8Million is the case came to a resolution in 3 years. 3Million pesos if in 5 years!!! Having stated such closer to reality example, is there a law firm that may suggest a package rate of a full amount to start and finish the case, payable say in 12 months or 1 year?

Example:

Criminal and Admin case file from start to finish - Package of X amount Payable in 12 months (Package of PHP500K amount Payable in 12 months = PH41,666.60 / month)

I maybe over-thinking, I just do not want to offend any law firm or lawyers for that matter.

I hope to receive any comments soon.

Thank you very much Very Happy

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tatan1712

avatar
Arresto Mayor
Hi. I suggest you file a criminal case first—usually during the intial hearing settlement will discussed so you can demand return of 200k plus damages etc. If no settlement, case will be resolved in 3-6 months. Good luck.

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privateman


Arresto Menor
Thank you very much sir for taking the time to response.

May i ask what it means "no settlement"? No settlement bec I lose the case or no settlement because other party will go to prison?

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privateman


Arresto Menor
Lastly, estafa case expires in 5 years po ba?

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attyLLL


moderator
not sure how an administrative case can be filed here. IMO, why not go for a small claims case. you won't even need a lawyer, and you might get your 200k back


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privateman


Arresto Menor
@attyLLL

Because we are past getting the 200K only. Also, I want the seller to get prison time. Are any of these possible?

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aiiryne


Arresto Menor
atty. please give me advice po.
ganito po un, ung friend po ng bf ko inalok kami ng pasalong bahay, ang sbi nia worth 17k lang, within 3months pde n lipatan at hhulugan nalang monthly. nag agree kami ng bf, nagbigay kami ng 17k dun s kapitbahay ng kaibigan ni bf dahil un daw ang maglalakad s pag ibig. that was Dec. 2015 pa.
after a month, sabi nia ayos n dw lahat, lilipatan n dw ung bahay sa March 2016, basta antayin ang tawag ng pag ibig. pero ng june july na, wala naman tumatawag, so sabi ko kung pde iback out nalang. sbi nia mababalik naman dw ung pera. hanggang umabot na ng 2018, hindi nia maibalik ung 17k ko, pina-brgy. ko sila, pero napag alaman ko na pinaghatian pala ni kapitbahay at nung friend ni bf ung pera ko. nangako sila na babayaran ng 3k monthly pero hindi naman nila nahuhulugan. nag send ulit ng summon letter ang brgy. pero wla padin. balak ko na mag file ng case. may laban po kaya ako?? ano ano po ang mga steps n dapat gawin? ska estafa po ba ito? please help me po. salamat anf God bless!
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