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Can I file an Estafa case against her?

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1 Can I file an Estafa case against her? on Thu Sep 15, 2011 6:26 pm

nmgsda


Arresto Menor
Hello there,

I want to ask your legal opinion regarding my problem with Mrs B. Mrs B was a friend and businesswoman that comes to me from time to time before to have her postdated personal and customers checks discounted. We've been in these transactions for almost 2 years before the disaster happened. She was not able to make good of her personal checks worth millions of pesos. Her customers checks discounted in favor of me also bounced or account closed. To make the story short, Mrs B owes me a big sum of money now. All I am holding now are her returned personal and customers checks.

It's been almost a year now since the disaster and I am having a hard time collecting from her. All she is doing now is paying me loose change monthly but before I can get some money from her, I have to go through a needle hole to get some. In other words, I can only collect some money at her mercy.

Sir, how can I compel her to pay me more money monthly? I am now thinking of filing a criminal case of estafa against her. Do you think my case will prosper at the prosecutors' office? I don't want to file BP22 cases against her because she will not end up in jail with this. Please help me. I really need your help now. Thank you and I hope to hear from you soon.


Regards,
nmgsda

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2 Re: Can I file an Estafa case against her? on Fri Sep 16, 2011 8:58 pm

attyLLL


moderator
i'd say file both estafa and bp 22. it's still hard to have a crim case against you even if it's just bp 22. but i don't think estafa will prosper.


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3 Can I file an Estafa case against her? on Sat Sep 17, 2011 11:23 am

nmgsda


Arresto Menor
What constitute an estafa case? Mrs B has caused damage to me (loss of money) by defrauding me and other people. It's not only me she had defrauded with the same modus operandi. I heard several people are also running after her. She won't even answer her phone now. How can I seek justice from here? Why can't estafa prosper in this case?

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4 Re: Can I file an Estafa case against her? on Sun Sep 18, 2011 7:49 pm

attyLLL


moderator
estafa is harder to prove because there has to be clear proof that she intended to defraud you from the very beginning, and only she knows the truth.


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5 Re: Can I file an Estafa case against her? on Sat Sep 24, 2011 11:24 am

nmgsda


Arresto Menor
With such requisite for estafa to prosper, it's really hard to prove it since she can always deny such motive from the beginning. However, what other remedy or option do I have? How can I seek justice for myself? Maybe, I can do to others what Mrs. B did to me?

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6 Re: Can I file an Estafa case against her? on Sun Sep 25, 2011 11:57 pm

attyLLL


moderator
begin with sending a demand letter and make sure she receives it personally and signed by her.


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7 Re: Can I file an Estafa case against her? on Mon Sep 26, 2011 11:36 am

nmgsda


Arresto Menor
What's the purpose of sending the demand letter? What case shall we file against her?

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8 Re: Can I file an Estafa case against her? on Mon Sep 26, 2011 4:54 pm

attyLLL


moderator
please see my 2nd post.

bp 22 and estafa by bouncing check requires that a written notice of dishonor be given to the respondent. the case will not prosper without one.


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9 Re: Can I file an Estafa case against her? on Wed Apr 03, 2013 1:31 am

k0k0t52505


Arresto Menor
to attyLLL: good pm. i'm from leyte & onlineshop lang po pinagku2nan ko ng pampakain sa mga anak ko.per0 last jan.i was scammed by an employee sa capitolyo ng mamburao ng 16k. after i sent her a demand letter,ngkasundo kmi n mgpa2dala sya ng 3k evry wek hanggang sa katapusan ng march.pro after ng 1 wek,d agad tumupad.aside sa 2k lang pinadala,umabot muna ng ilang weks bago npadala ung paunang 2k..den after 2 weks, 2k uli..pr0 hanggang ngaun d n ngpa2dala..mrami kacng alibi..last 2nd wek p ng february aq ng file ng complain sa bulwagan ng katarungan d2 sa leyte pr0 d p ata nre2cv ng nang scam sakin ung subpeona.ano po kaya ang mganda kung gawin?,wala po tlga kac ako iba2yad dun sa buyer ko sana..

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10 Re: Can I file an Estafa case against her? on Thu Apr 11, 2013 5:05 pm

jacky hernandez


Arresto Menor
pwd b ako makasuhan ng estafa s utang kong 15k s isang kaibigan n nagpapa5-6? nwalan ako ng work and wala p ako tlgang pmbayad s ngaun...lagi akong nagtetext at tumatawag at humihingi ng dispensa s ndi ko pagbbyad s knya.pumunta sya dto s bahay at cnabi sken n kakasuhan n lng dw nya ako ng estafa dhil ndi dw ako magbayad...nkiusap ako s knya n bka pwd nmn mhintay n mkapasok ako ulet ng trabaho..n posibleng ngaung bwan n eto.anu po kyang pwd kong gwin at maaring ipakiusap s knya

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