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can I still file a case against her?

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1 can I still file a case against her? on Fri Apr 22, 2011 4:21 pm

qtiemec


Arresto Menor
My ate's ex-officemate enticed us in investing money to her personal business. Sabi nya all we have to do is send her money and we will earn 20% every month. So I did after six months I asked her for the money and she gave it back. After a couple of months she asked us again and this time we invested 100k. She issued us a post dated check that dates dec. 2009. after a couple of months after our last transaction she said the NBI caught her. We did not know that she doing anything illegal nor was she imprisoned. She ws keeping in touch for a year asking us to not bounce her check but we did on feb. 2010. she kept communicating with us until last year. I went to the brgy to file a case pero sbi nila madami ng kaso and we go immediately to our mucipal court, so we tried and they told us sa bargy muna daw...super gulo ng system we dont know what to do...wer to ask help from.. we did afford to invest 100k but its our savings...and we cannot affrod to hire private lawyers, PAO said they are not allowed to handle cases involving more than 10k... can we still sue her? I have the bounced check. now what do i do? Please help... are these bonced checks any good?

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2 Re: can I still file a case against her? on Sat Apr 23, 2011 9:55 pm

attyLLL


moderator
do you even know where she is? do you live in the same city or municipality?

the first step is to send a notice that the check was dishonored and demand that she pay within 5 days. but you need to serve it to her personally if a bp22 case is to prosper.


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3 Re: can I still file a case against her? on Tue May 03, 2011 9:23 am

qtiemec


Arresto Menor
Thank you for your reply. I truly appreciate it.

We live in the same municipality, specifically in Malabon but the last time we talked she said she's in Bataan. I tried to contact her but she refused to answer any of my calls. We went to her house but nobody allowed us in their compound, saying she's not there. They refuse to let us to talk to her.

Nagbounce na po yung checks nya last year pa. So mejo nagdadlawang isip kame about filing a case against her kase it looks like our only evidence had already expired... Does the check's validity for a case expire? And where do we get the demand letter? If I were to construct one, what details must it include?

I would really appreciate your reply. Thank you so much...

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4 Re: can I still file a case against her? on Thu May 05, 2011 6:20 pm

attyLLL


moderator
if you deposited the checks, then your notice of dishonor should state the check details and when it was dishonored. unfortunately, it is required that you are able to prove that she received it personally to convict her.


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5 Re: can I still file a case against her? on Thu May 12, 2011 12:24 pm

qtiemec


Arresto Menor
Thank you atty for your help. We will do as you say and just hope for the best. More power to you!

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