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unpaid bank loan, bounced check

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1 unpaid bank loan, bounced check on Sat Jun 18, 2011 4:59 pm

dandakoh


Arresto Menor
hi po! i'd like to seek an advise..

i loaned 75k from a bank and issued them pdc as part of loan reqt. within first few months ok po payments ko but last december 2010 na-late po ako ng pagpondo sa checking account ko which resulted to its closure. i tried to reopen my checking acct but the bank manager no longer allowed me.

two months ago, i've written to the bank where i loaned 75k requesting for over-the-counter payments. i declared that i intend to pay my loan and any incurred interests due to delayed payment. i did not receive any answer from them.

but later today i received a call from their legal employee that they demand payment of 40k on or before june 24. i told him i couldn't afford to pay it asap and i requested for an extension. he did not agree and threatened me that they will file a case if they did not receive this amount during said deadline.

if i would send partial payment to the bank (e.g. 5k or 10k) just to show my sincerity to pay my obligations, would bank give proper consideration? or would they still pursue with the filing of a case against me?

they also threatened that my personal details will be published in newspapers.

i really wanted to settle my dues but if they are not amenable to settlement, can i still arrange it in court, if ever mag-file na po sila ng case?

if ever, ano po magiging charge against me and the probable consequence?

thank you very much in advance. God bless ! ! !

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2 Re: unpaid bank loan, bounced check on Sat Jun 25, 2011 4:06 pm

attyLLL


moderator
the more problematic part is the post dated checks. they can file a criminal case of bouncing checks against you.

i recommend you do not give money until there is some form of agreement, but keep communicating with them.


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3 Re: unpaid bank loan, bounced check on Mon Jun 27, 2011 3:53 pm

dandakoh


Arresto Menor
thanks a lot po attyLLL. your reply is very much appreciated. God bless!!!

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4 Re: unpaid bank loan, bounced check on Wed Jun 29, 2011 5:45 am

JValmadrid


Arresto Menor
Hi AttyLL

I have deleted my previous post for security reasons. Thank you for your response.



Last edited by JValmadrid on Thu Jul 21, 2011 7:00 am; edited 1 time in total

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5 Re: unpaid bank loan, bounced check on Wed Jun 29, 2011 2:02 pm

bev


Arresto Menor
helo po.i have a business po pero hindi ng click,its a rice bussiness po.may supplier po kmi sa rice namin,sa first ok po yong bayaran ko sa kanila,15 days po yong pautang nla sakin .until a few motnhs po nkakuha kmi ng rice ulit and issued her 15days postdated cheques.sadly po nag bounce hndi namin na catch up jan 22 po yong cheque.we go their house and i issued again cheque pra mka recover kmi dated march 05,pero di talga namin na catch up ulit,.humarap po kmi sa knila ulit to have a proposal,we have a car na ibebenta namin,promis nmin sa knila na pag nabenta babayaran kaagad nmin cla.agree naman cla don,pero until now kc june29 hndi pa na sold ang sasakyan namin,pinadalhan na nla kmi ng demand letter.ano po gagawin namin

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6 Re: unpaid bank loan, bounced check on Thu Jun 30, 2011 9:31 am

attyLLL


moderator
JV, I recommend you keep talking to the bank directly unless they refuse to do so. you can't force them to accept your terms, and they have the right to pass it to a collection agency. a criminal case can't prosper against you, but they can file a collection case which can.

bev, you are vulnerable to a case of estafa through issuance of unfunded post-dated checks. maybe you can try to deposit the car in their possession while you are trying to sell it.


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7 Re: unpaid bank loan, bounced check on Sat Mar 03, 2012 1:23 pm

dandakoh


Arresto Menor
hello po.. i was caught off-guard today and had no choice but to receive a letter from the bank stating that they already filed a complaint in court bp22. i signed the receiving copy of the bank Sad
indicated in the bank's letter was that they will publish my information in leading newspapers for 4 consecutive weeks - do they really have the right to do that?
also, attached in the letter was a copy of "resolution" from the office of the prosecutor, but i think it's just the first page - putol kasi and no signatories.
pwede po ba ako makulong nito?? please advise po, i don't know what to do.
thank you very much in advance.

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8 Re: unpaid bank loan, bounced check on Sat Mar 03, 2012 11:31 pm

attyLLL


moderator
confirm if this resolution is real by verifying in the prosecutor's office.


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9 Re: unpaid bank loan, bounced check on Wed Jun 27, 2012 4:32 pm

dandakoh


Arresto Menor
Hello po attorney. In relation po to my previous post about BP22 case that was filed against me, I received a letter from the Regional Trial Court yesterday, June 26 that I have a scheduled arraignment last June 11, 2012.

My question is: Am I gonna be arrested already and be put to jail if I was not able to attend the arraignment? Late naman po nadeliver un letter sa bahay namin. Ano po kaya ang susunod na action ng court?

I don't know what to do.. I wanted to call the bank sana to make arrangements but based on my previous call to them, I just received threats and they wanted me to pay in lumpsum, which I could not afford. Pls advise po kung ano best action na dapat ko gawin

Thank you very much and God bless!!!

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10 Re: unpaid bank loan, bounced check on Thu Feb 28, 2013 1:20 pm

melonzmanguray


Arresto Menor
hi po atty. nagkaroon ako ng utang sa isang lending company, yung requirements nila ay mag open ng checking account sa bangko, tapos pinapirma nila ako ng checkie ng wlang nakasulat na amount.. pero hindi ko na nagamit ngayon ang checkie kasi personal na akong nagbabayad sa kanila, pero still active pa rin ang checking account ko sa bank.. tapos hindi ako nakapagbayad sa lending na inutangan ko they threatened me na ipa bounce check daw ang checkie ko.. anu po ba ang mangyari sa akin at ano ang dapat kung gawin?

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