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is demand letter effective for abroad?

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1 is demand letter effective for abroad? on Tue May 17, 2011 10:43 pm

jojo gonzales


Arresto Menor
hi! gud p.m. my brother is working in Brunei and his family left in the Philippines. he works there since 2003 until the present. he did not sent financial support for his family since jan 2011. just 2day he received a demand letter from 1 law offices in the Philippines, telling him to send 70% of his basic salary to his family as the law said so.... is that demand letter still be in due process even if he is not in the Philippines? Is he really obliged to give 70% of his salary? what will be my brother's counterpart legally?thank u and pls do advice.

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2 Re: is demand letter effective for abroad? on Tue May 17, 2011 11:33 pm

attyLLL


moderator
the demand letter is not necessary, but it's a wise move on the part of the wife's lawyer. if the husband does not send support, their next step may be to file a criminal case and have the warrant of arrest executed if he comes to visit.

there is no requirement to send 70%, but there is a requirement to send support, failing which, it is considered the crime of economic abuse under ra 9262


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3 Re: is demand letter effective for abroad? on Tue May 17, 2011 11:47 pm

jojo gonzales


Arresto Menor
thank you very much for ur reply atty. so meaning to say, the wife will wait until my bro's contract be finished and he'll be back to the Philippines? if my bro is not going to send support for them for the next months, is the process of filing a criminal case be done soon? am just concerned with my bro because he normally sent support since 2003 unfortunately, the wife still not satisfied and kept demanding for more, even the fruits of their land/crops my brother does not know the income for every crop and don't even know how much it profited or not.. actually they really are not in good terms that's y my bro insisted to work abroad because of the wife's nagging attitude. is there any way, my bro can file a legal separation and division of properties?
thank you very much

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4 Re: is demand letter effective for abroad? on Wed May 18, 2011 12:12 am

attyLLL


moderator
if i were her lawyer, i will file the criminal case after 1 month from the receipt of the demand letter if there is no response.

i recommend he negotiates a deal of support for desistance, unless he has no plans of returning here.


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5 Re: is demand letter effective for abroad? on Wed May 18, 2011 12:23 am

jojo gonzales


Arresto Menor
hi! what do u mean by deal of support of desistance atty? is it a sort of amicable settlement? i mean, does he need to directly deal with the wife or with her lawyer? or does he need to get his lawyer as well. he's contract will end 2 years later, is the court wait until that time for them to start the criminal hearing? a million thanks atty for your patience and reply.

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6 Re: is demand letter effective for abroad? on Wed May 18, 2011 12:32 am

jojo gonzales


Arresto Menor
by the way, follow up question atty.... if let say the court will issue a hold departure order when he's back in the philippines does 8 have an expiry date or can just enforce 8 whenever he will be there. my family does not want him to come back here nor to his wife.....

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7 Re: is demand letter effective for abroad? on Wed May 18, 2011 8:56 pm

attyLLL


moderator
i recommend he communicate with the wife directly first. hdo expires in 5 years. they might also get a wlo while the case is pending, that can last 120 days.


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8 Re: is demand letter effective for abroad? on Tue May 24, 2011 9:29 pm

jojo gonzales


Arresto Menor
hi atty!!!! if ever my bro is not going to communicate with his wife, then they will file the necessary legal action, can they issue him a subpoena even if he's a abroad? or as his wife said she will ask her relative fro the NBI to do the necessary action as well..... thanks a lot atty..... w8tin for ur reply

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9 Re: is demand letter effective for abroad? on Wed May 25, 2011 12:58 pm

attyLLL


moderator
the subpoena will be issued to the address she will allege. i doubt if her nbi relative can do much.


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10 Re: is demand letter effective for abroad? on Wed May 25, 2011 9:23 pm

jojo gonzales


Arresto Menor
thanks for all the reply atty.... by the way atty, the wife is telling my bro that she will get him deported, with the grounds that he is not supporting financially now and that she has found that he went to her other woman's place, evidence as she said the picture on the plan na sakay silang dalawa. mayron yatang camera sa loob ng plane. am not sure.... can he be deported? and she demand 20k from him dz month... can my sister in law demand the amount by her own free will? say for ex his salary is P30k, how much is supposed my bro will send to them? atty, ako ung natatakot sa kapatid ko kc ako ang nakakbasa ng mga txt. pls help me so that i can continually advice my bro. thanks

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11 Re: is demand letter effective for abroad? on Thu May 26, 2011 6:25 pm

attyLLL


moderator
she's free to demand anything. it depends if your brother will agree. i doubt he can be deported. that depends on a decision of the government of brunei.

whatever he sends should be based on an agreement. if not, at least a reasonable amount which he should start sending regularly now so he can prepare for a defense against a criminal case.


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12 Re: is demand letter effective for abroad? on Thu May 26, 2011 8:26 pm

jojo gonzales


Arresto Menor
thank u very much atty!!!! so for now i will ask my bro to start sending again, as what i have said b4 that he was sending faithfully ever since, until February 2011, he did not sen since he was in the philippines and until dz month he did not send... anyway, can give us advice aside from sending again a reasonable amount what else he need to prepare legally to use as his defense if really there will be a case filed against him... is it advisable for my bro to get a lawyer now or w8 until the first move of his wife...

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13 Re: is demand letter effective for abroad? on Fri May 27, 2011 5:36 pm

attyLLL


moderator
better to just start sending now. suggest a lumpsum to include lost months and school tuition. you can even try to ask the wife to accept the money and sign a waiver of action, but don't push that too far.

i don't believe you need a lawyer yet, but feel free to get one if you feel it will help.


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14 Re: is demand letter effective for abroad? on Fri May 27, 2011 11:36 pm

jojo gonzales


Arresto Menor
atty, can u help me, how much would my bro has to give? his salary is BND$970.00... considering that he also need to pay some of his debts and dz time he needs to save at least in preparation for whatever legal purposes this situation up to. as i can see 8 the wife is so eager to do some moves. pls at leat let us know how much is the fair enough for him to send to the children. he has 3 children, 1 already graduated fr college, the other is 21 years old, graduating dz sem and the youngest is 16 years old. he used to send bnd$500. thanks

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15 Re: is demand letter effective for abroad? on Sat May 28, 2011 6:11 pm

attyLLL


moderator
contact me at attylllaw @ gmail . com


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16 Re: is demand letter effective for abroad? on Sat May 28, 2011 8:56 pm

jojo gonzales


Arresto Menor
ok atty, i will ask my bro himself to contact you... u realy help me a lot. God will bless you for having this program of helping others...... legally. ur so kind to share ur knowledge and capabilities. even though 8s for free but the abundance from heaven will be poured unto ur bossom and u will be abundantly blessed.... thanks a lot.

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