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bouncin check? what is this

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1 bouncin check? what is this on Sat Jun 25, 2011 5:40 am

anonymousx


Arresto Menor
Good Day!,

I have question regardin bouncin check, because i dnt know if my case falls in bouncing check law.
I had loan from Chinatrust bank amountin to 80k, they issued me Manager's check & to claim they let me open checkin account & the money transferred in atm card. I have been paying the monthly bill by cash deposit to the account. but after a year was not able to pay anymore due to financial crisis.
My question is, will the chinatrust file a bouncing check or estafa case against me?.. is it bouncing check? considerin im payin by cash deposit to the account. & lastly, could i have a problem from getting NBI clearance in the future?.. im willing to pay my debt as soon as im already able to.
Please i need some advice. Thanks

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2 Re: bouncin check? what is this on Sat Jun 25, 2011 4:47 pm

attyLLL


moderator
you opened a checking account, but did you issue checks? if yes, then a bouncing check case can be filed against you.


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3 Re: bouncin check? what is this on Sat Jun 25, 2011 7:05 pm

anonymousx


Arresto Menor
attyLLL wrote:you opened a checking account, but did you issue checks? if yes, then a bouncing check case can be filed against you.

sir, i dnt understand if i issued checks or not,. i only remember they issued me checks with a loan amount, then pina open ako ng checkin account po ata un, then bingay sa ken ATM na, and nsa ATM n ung loan ko pra dun ko n lng sya i withdraw. then, after that, i have been paying my monthly bill thru atm deposit to that account.

if i ddint issue check, what would be the criminal case can be file against me?... mhihirapan po b ako sa pag kuha ng NBI ko in the future?.. and willing nman po ako mag pay, the problem was i lost my job thats why i wasn ot able to pay my loan anymore...

sir, please can u give me clear and worst scenario. im really scared, but im not running away from my debt.

many thanks sir!

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4 Re: bouncin check? what is this on Mon Jun 27, 2011 3:02 pm

odiasia


Arresto Menor
Hi Sir

kung nag issue ako ng check tapos tumalbog puede po ba ako kasuhan ng walang written notice or demand para mag settle? puede po ba na diretso nila ako kasuhan? Please advise. thank you.

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5 Re: bouncin check? what is this on Thu Jun 30, 2011 8:52 am

attyLLL


moderator
they have to send you a demand letter. if they do not, the case will not prosper.


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6 Re: bouncin check? what is this on Sat Jul 09, 2011 12:39 pm

odiasia


Arresto Menor
what if they said they did? pero wala naman po akong na receive? puede po ba un?

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7 Re: bouncin check? what is this on Thu Jul 14, 2011 10:21 am

attyLLL


moderator
they will have to produce proof that you received it.


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8 Re: bouncin check? what is this on Thu Jul 14, 2011 11:00 pm

maluisadominic


Arresto Menor
Good day;
I have a real estate project somewhere in Quezon, I was in need of financial assistance for expenses that I will be incurring as Project Manager such as permits and other government requirements. I was able to secure a P400,000.00 loan from a creditor last 2009 and I issued checks corresponding to amount of loan and monthly interest of P15,000.00. Simultaneous with the granting of loan , we signed a Memorandum of Agreement with a paragraph as follows: As assurance of its intention to diligently service its obligation with the CREDITOR, (ME) shall assign its share on the (10%) management fee thereof based on the gross development cost of the project in favor of the former. Said assignment of share by ME in favor of the CREDITOR shall be deemed void upon settlement of the FOUR HUNDRED THOUSAND PESOS (Php 400,000.00) loan.

For the first few months , I was able to fund the monthly interests of P15,000.00, but the project did not start as schedule and I was not able to fund succeding checks for interests. My current account eventually get closed.

Now my question is: Am I liable to the creditor on the checks I issued under the BP 22 Law? or can I have the said paraghraph on the Memorandum of Agreement mentioned above as my defense that in case of default, the Creditor will retain or will get as payment for the loan, my share of the 10% management fee?

Thank you very much

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9 Re: bouncin check? what is this on Sat Jul 16, 2011 9:48 am

attyLLL


moderator
you can use that defense, but i am doubtful that it will be successful particularly because it has no value now.

do they have proof that you received the notice of dishonor?


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10 Re: bouncin check? what is this on Wed Jul 20, 2011 11:41 pm

maluisadominic


Arresto Menor
yes atty, he send me a notice of checks dishonor last week,

my questions are: am I still liable on some checks even if those checks were stale or more than 6 months after maturity?

After sending a notice of dishonor, do he still has to sent a demand letter before he can file a case?

If I can show some proofs that the project has a possibility to be feasible , can the defense on the 10% management share be succesful?

Thank you very much



Last edited by maluisadominic on Wed Jul 20, 2011 11:55 pm; edited 1 time in total (Reason for editing : additional questions)

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11 Re: bouncin check? what is this on Thu Jul 21, 2011 8:32 pm

attyLLL


moderator
yes, you are still liable for the checks even if they are stale.

no, he doesn't have to send you a demand letter.

i don't think your defense of the feasibility of the management share will prosper at the preliminary investigation level.

how was this notice of dishonor sent to you? did you sign their copy?


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12 Re: bouncin check? what is this on Fri Jul 22, 2011 9:51 am

maluisadominic


Arresto Menor
the notice of dishonor was sent thru LBC, it was my son who received & sign. what could be the effect of that Atty if I was not the one who signed?

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13 Re: bouncin check? what is this on Sat Jul 23, 2011 6:37 pm

attyLLL


moderator
many case of bp 22 are being dismissed for lack of proof that the issuer of the check received the notice


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14 Re: bouncin check? what is this on Sat Jul 23, 2011 10:54 pm

maluisadominic


Arresto Menor
thank you very much Atty

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15 Re: bouncin check? what is this on Thu Apr 11, 2013 8:02 pm

McILHENNY


Arresto Menor
Hi Atty, what if the individual being served the notice of dishhonor simply refuses to recieve and sign a copy as proof of reciept, what choices are left by the complainant?

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