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wife's bad loan

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1 wife's bad loan on Wed Jul 06, 2011 8:31 am

leon


Arresto Menor
I am an OFW,my wife confessed to me that she has bad loan that she kept secret from me. The loan was used to cover other loans. With this loan, a usurer put in high interest on the capital. and asked her to sign that jewelry goods but not cash were taken by her from usurer.She left our passbook and she opened an account with ATM to the usurer as guarantee for repayment. Because i never knew it, no payment reached her. if the case is filed against my wife what will happen next? what are the procedures?i can offer repayment but how i will propose? can lawyer do that for me because i am away.i want to save her.

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2 Re: wife's bad loan on Sat Jul 09, 2011 1:29 am

leon


Arresto Menor
Attorney, please advise me on the above problem. ano po ang dapat na gawin ko para mapilit ko na alisin yung interest at nang makayanan ko bayaran ang utang na yan but in successive payments that i can bear
pwede po ba kasuhan ng usury ang ganitong pagpapautang, pwed po ba kasuhan ang taong nang haharass sa paninigil?

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3 Re: wife's bad loan on Thu Jul 14, 2011 10:21 am

attyLLL


moderator
the problem is that a case for estafa can be claimed using the jewelry contract. one way you can prevent this is to file a case for annulment of the contract


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4 wife's bad loan on Thu Jul 14, 2011 9:05 pm

leon


Arresto Menor
Thank you attorney, but will you advise me what we need to file the annulment of the contract. I was later informed that she was asked to sign in a trust receipt. What implications will it bring if estafa will be filed?
What can be the best solution that I can offer so she will drop the case, but of course that must be bearable on my part.

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5 Re: wife's bad loan on Sat Jul 16, 2011 9:43 am

attyLLL


moderator
negotiate payment terms which are acceptable to you both.

a petition for annulment of the contract is a civil case. it can also be used as a prejudicial question to prevent the estafa case. you will need a lawyer.


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6 wife's bad loan on Sat Jul 16, 2011 11:31 am

leon


Arresto Menor
Maraming salamat po Attorney,talaga nga palang kakailanganin na ang lawyer sa sitwasyon na to.

Sa ngayon po, after my overseas phone to her she demanded a huge amount. hindi nya po inaccept ang terms na inioffer ko. she wanted now, pero kaaalis ko lang at walang fund na ganoong halaga. and she threatened to file a case. after that, she denied any calls from me and from my wife. i sent SMS that but there was no reply.

Kung sulatan po ba ang tao na yon para ipaalam ang willingness namin na magbayad at makipag ayos ay makakatulong para sa sitwasyon na to?

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7 Re: wife's bad loan on Tue Jul 19, 2011 11:40 pm

attyLLL


moderator
negotiating is pretty much you can do. or as i suggested, filed a complaint to annul the trust receipt.


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8 Re: wife's bad loan Today at 2:11 pm

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