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bank personal loan

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1 bank personal loan on Tue Aug 02, 2011 10:54 pm

accusedBP22


Arresto Menor
Hello po..

i just received a subpoena(?) for a criminal case for violation of BP22. I acquired po a bank loan and was paying religiously until i resigned from work to put up a business. the business did not prosper and i ended up not paying po the monthly amortization via pdcs - grounds for the bp22.

I am required to submit a counter affidavit. I am willing to negotiate for a payment arrangement. i have several questions po:

1. what should i put po in the counter affidavit?
2. do i need a lawyer during arraignment and preliminary conference?
3. i am proposing a payment arrangement that is within my capacity. what if the complainant refuse to accept the offered arrangement?
4. will this subpoena put my name in the NBI "hit" list?
5. will this automatically give me a court case findings in CMAP?
6. if the complainant accepts my proposed payment arrangement, should i require them to dismiss the case?

Thanks so much in advance and God bless po..

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2 Re: bank personal loan on Wed Aug 03, 2011 10:55 pm

attyLLL


moderator
do they have proof that you received a notice of dishonor?


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3 Re: bank personal loan on Thu Aug 04, 2011 1:44 pm

accusedBP22


Arresto Menor
yes sir i have received and signed the notice sir.

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4 Re: bank personal loan on Thu Aug 04, 2011 8:50 pm

attyLLL


moderator
i recommend you get a lawyer to assist you. normally the best defense is that there is no proof of notice of dishonor. they are not bound to accept your settlement offer. if there is no settlement, the case will continue.

on the other hand there is hardly any imprisonment for bp 22 as long as you attend the hearings.


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5 Re: bank personal loan on Thu Aug 04, 2011 9:01 pm

accusedBP22


Arresto Menor
Thanks po. I will find a lawyer po asap. hope i am not asking too much po but I would really highly appreciate it po if you can reply po to the questions i posted above. thanks so much.

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6 Re: bank personal loan on Thu Aug 04, 2011 9:06 pm

attyLLL


moderator
case will be dismissed if there is settlement. if it reaches the point that there is a warrant of arrest, it will appear in your nbi clearance. you are probably blacklisted already in BAP. you should definitely require them to issue a statement to dismiss case if there is settlement.


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7 Re: bank personal loan on Thu Aug 04, 2011 10:27 pm

accusedBP22


Arresto Menor
thank you very very much po!

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8 Re: bank personal loan on Sun Aug 07, 2011 4:40 pm

accusedBP22


Arresto Menor
sir/ma'am, clarification please on the dates of notice. under the law, within how many days from the date check was returned by the bank should the issuer be notified? is there a prescription period po? meaning if the complainant fails to notify the issuer within XX number of days, the complainant can no longer file a bp 22 case.
thanks so much ulit sir/ma'am.

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9 Re: bank personal loan on Fri Aug 12, 2011 7:26 pm

attyLLL


moderator
4 years


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10 Re: bank personal loan on Fri Aug 12, 2011 10:46 pm

accusedBP22


Arresto Menor
thank you atty!

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11 Re: bank personal loan Today at 10:20 pm

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