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EX gusto kunin yung motor ko

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1 EX gusto kunin yung motor ko on Wed May 02, 2018 1:34 pm

Ela0620


Arresto Menor
Hello po! Can you help me? I had an ex boyfriend who serves at the Navy. Nung kami pa, he volunteered to pay my monthly motorcycle loan. Wala kaming usapan na sa kanya na yun. Pumayag naman ako alangan nman tanggihan ko pa. Ngayon nagbreak na kami, pilit niya kong pinababalik kahit ano na ginawa niya. Pero di ko na kinakausap. Ngayon gusto niyang kunin yung motor sakin. Is that legal? Pwede niya ba yun gawin? Di ko nman pinilit na hulugan niya. Sira ulo lang kasi talaga siya. Such an immature and petty guy. Please help me.

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2 Re: EX gusto kunin yung motor ko on Wed May 09, 2018 1:30 pm

Jadis

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Reclusion Perpetua
How much was the value of the monthly amortizations?

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3 Re: EX gusto kunin yung motor ko on Wed May 09, 2018 2:26 pm

Ela0620


Arresto Menor
3500 monthly

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4 Re: EX gusto kunin yung motor ko on Wed May 09, 2018 2:30 pm

Jadis

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Reclusion Perpetua
Well he paid on your behalf, and you benefited. Under whose name is the loan?

It's not really right to say that you did not force him to pay when you just let him do that, and when obviously, at the time that you were in good terms you were enjoying the use of the property he was paying for. Why don't you offer to pay back the amortizations he paid on your behalf?

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5 Re: EX gusto kunin yung motor ko on Wed May 09, 2018 2:34 pm

Ela0620


Arresto Menor
Its under mine. I would if I have a job but I dont have one atm. I just want to know can he take my motorcycle? See it's just like a gift to me, paying my loan that is, is it okay for him to take away a gift forcefully?

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6 Re: EX gusto kunin yung motor ko on Wed May 09, 2018 3:02 pm

Jadis

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Reclusion Perpetua
If it's a gift as you say, technically the donation is void (with no effect) because the value of the motorcycle is more than P5,000 and: 1. the donation is not in writing; 2. the acceptance is not in writing.

So I would much rather think of this as a loan, wherein the creditor (in this case, your EX) has no right to take the debtor's things immediately as payment.

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7 Re: EX gusto kunin yung motor ko on Wed May 09, 2018 3:19 pm

Ela0620


Arresto Menor
What does that mean? Does it mean I still have to pay for it?

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8 Re: EX gusto kunin yung motor ko on Thu May 10, 2018 2:10 pm

attyLLL


moderator
Ela, you can argue that they were gifts and if wants to contest that, he has to go to court to do it.


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