i would like to ask for an advice. any will be much appreciated.
Here is a quick info:
i was a distributor for products of a very big international company. but here in the phil, it is just a franchise.
i issue pdc to cover stocks purchased.
we have a contract
when they(the company) violated their contract for my distributorship, i decided not to fund the checks so that we can liquidate for we both have unsettled accounts to each other.
few weeks later, i received a demand letter regarding my bounced checks. i, contemplating on the revised penal code went to the company and talked with the general manager. the general manager offered to a settlement. he said that i can pay through monthly ammortization the unsettled accounts, so i agreed.
in the next few weeks, to my surprise, i received a subpoena to counter the complaint filed against me by the finance manager.
i asked the finance manager why he filed a case against me, he said that the length of the ammortization period was too long. but the general manager agreed to the terms already, the company even received the pdcs and gave me a receipt for them.
if the finance manager found the terms too long, but the general manager which signed the contract with me agreed to the terms, isn't this considered a novation already? the finance manager is the authorized person to handle this bad debt cases in behalf of the company, but to me, the person i deal with is the general manager becuase we are the two parties signed the contract. if the finance manager doesnt agree,but the general manager agrees, isnt this an internal problem in their company?
if not, will a warrant be issued to me even if i attend the hearing always. what if they will not send me a notice for the hearing just to hasle me and pressure an immediate payment through warrant of arrest, can they do this? and just an additional info, i also have a strong case against them for breach of contract and estafa for not fulfilling their end, but i did not file the case yet.