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Subpoena for unpaid loan....

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1 Subpoena for unpaid loan.... on Fri May 06, 2011 9:11 pm


Arresto Menor
Hi I just want to ask what are the steps to be done after we receive a subpoena? I made a loan with 2 guarantors.. I was paying the loan before but after some months of salary problems here abroad I missed most of the payments... Now They sent a subpoena to my 2 guarantors and me... My question is...How can we settle this... I'm outside the country barely making ends meet also because of employment issues But I really want to settle this little by little ...can you help me attorney? How can we get out of this problem..what should be the steps... and since 'm not in the country what should I do? What should my 2 guarantors do?

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2 subpoena for unpaid loans on Fri May 06, 2011 11:32 pm

my thoughts,

first, if the loan you made is backed by post-dated checks, you need to comply with the rules on negotiable instrument. If this is the case, the reason why your guarantors are impleaded in the complaint because they have endorsed the check togther with you.

To settle the matter, you can execute an affidavit manifesting your humble intention to settle the loan and that the only reasonable amount you can offer (state the amount)becuase of your dire situation on your employment. It should be authenticated by the Philippine Consulate/embassy of the country from where you are now. You just have to make this manifestation before the Prosecutor's Office/COurt handling your case otherwise this will be filed in court and inorder that the court acquires jurisdiction a warrant of arrest maybe issued. Have your affidavit together with the affidavit of your guarantor filed. Prosecutor's office or courts would appreciate that cases filed before them would be settled amicably to relieve them of the humongous cases filed before their offices waiting to be heard.

Normally, you and/or your guarantors would be asked by the court officer hearing the case what can you offer to settle the dispute. Just remember you need to justify the amount you offer reasonably sound for the complainant.

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3 Re: Subpoena for unpaid loan.... on Sat May 07, 2011 6:36 pm


this subpoena was issued by what office? the prosecutor?

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