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Need advice on bouncing check

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1 Need advice on bouncing check on Sat Sep 24, 2011 12:48 am

Pirate


Arresto Menor
I just want to ask legal advice regarding bouncing check. One of my customer issue me a post dated check. He issue 5 different checks and with different date. Those checks are in different transactions. I deposited the first check that was due last August 5, 2011 but after a couple of days it was return to me by the bank where i deposited the check for the reason of insufficient balance. I inform my customer regarding that problem and he told me that there is nothing to worry since he will just drop by to our shop the gave me the money for that check and for the second check he issued to me. After a couple of days and weeks i didn't receive anything from him. I text him and inform him regarding that problem and he promise me again. Then the third check due and need to be deposit. I inform my customer that i will deposit the 3 checks but he ask me again to give him time to collect money from his customer. The 4th check due and same story happen. I told my customer that the last check will due on sept. 20, 2011 and i can not afford to wait another days or weeks or listen to his promises and I need to deposit it on that day. My customer told me that he can produce money on or before sept. 20, 2011. So i deposit the first check that was returned to me and the other four checks yesterday Sept. 22, 2011. I am waiting for an advice from the bank if those check will be returned. The total of 5 checks is P 78,000.00

I already ask some advice from a lawyer in advance. A lawyer from PAO. She told me that i can file a small claims form the court if ever those 5 checks will bounce since it is below 100,000.00. She told me that i need to give a demand letter first. My question is can i create my own demand letter with my signature on it or do i need to ask lawyer to do so? If ever my customer didn't comply with the demand letter is it worth to go to Barangay Captain for settlement? or do i need to go to the court right away.

I also talk to my friend who is also a policeman here in our place. He advice me to file a small claims and i need a police to made an affidavit. I am confuse with this.

Please give me an advice.

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2 Re: Need advice on bouncing check on Sat Sep 24, 2011 12:55 am

attyLLL


moderator
do you think you'll be able to personally deliver a written notice and demand letter to him?

it is not necessary that a lawyer do it for you, but it may be better.


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3 Re: Need advice on bouncing check on Sun Sep 25, 2011 9:46 pm

Pirate


Arresto Menor
I am a little bit afraid if I will be the one to give the demand letter to my customer. Is it ok if one of my employee will be the one who send the demand letter? What if my customer will not accept the demand letter?

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4 Re: Need advice on bouncing check on Mon Sep 26, 2011 12:33 am

attyLLL


moderator
as long as your employee is able to see the customer personally and hand him the letter, then at least he has personal knowledge that the customer was notified in writing. though it is not ideal. sending by mail or courier will be useless for bp 22.


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5 Re: Need advice on bouncing check on Wed Sep 28, 2011 11:30 am

Pirate


Arresto Menor
Thanks you for the reply sir. Just yesterday September 27, 2011 i was inform by the bank that the 4 checks return and i found out that the reason of it is close account. What will i do then? Can i file a staffa case even without giving a demand letter to my customer? Will this closing of account give much bigger weight in the court?

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6 Re: Need advice on bouncing check on Thu Sep 29, 2011 11:58 pm

attyLLL


moderator
your case will not prosper without a demand letter and proof of receipt


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7 Re: Need advice on bouncing check on Fri Sep 30, 2011 2:45 pm

Pirate


Arresto Menor
ic, i already gave him the demand letter but regarding the proof or receipt i didn't issue any receipt during our transaction since he gave me PDC. Is the demand letter and the bounce check enough for the case? I am planning a small claim and not the BP 22.

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8 Re: Need advice on bouncing check on Mon Oct 03, 2011 12:01 am

attyLLL


moderator
what i mean by receipt, is proof that he received the demand letter, such as his signature on a copy of the letter. and the letter has to include the check details and why and when they were dishonored.


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9 Bouncing Checks on Thu Dec 01, 2011 1:27 pm

vincealcuran


Arresto Menor
Hi Atty,

May nag issue po sa akin ng checks, 2 different person at parehong nag bounce ang checks at ibinalik sa akin ng bangko. Ang amount involved ay Php 148,000 at Php 87,000.

Ano po ang pwede kong gawin? Pwede po ba ako magsampa ng kaso para mapilitan magbayad o makulong ang nag issue sa akin ng checks. Saan pong lugar ako magsasampa ng kaso kasi taga Laguna po ako at ang address ng nag issue ng checks ay sa Quezon City at Bulacan. Sa korte ba o sa police station ako magsampa ng kaso?

Salamat po.

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10 Re: Need advice on bouncing check on Tue May 15, 2012 4:28 pm

Pirate


Arresto Menor
Hi attyLLL,

I have a follow questions regarding bouncing check problem. Starting December my customer who issued a bouncing check on me start giving me money (5,000) a month. I told him to settle the whole amount as soon as possible but he told me that he can not produce enough money for just a short period of time. So we settle on a 10,000 a month no interest just for the sake to settle everything. But after a while he only gave me 5,000 pesos every month. Now i am just worried since I heard from a friend of mine that bouncing check must be settle within 6 months or if not settle, I must file a case within a 6 month or else my case will be null and void. Is it true Atty.?

What will happen to my case after 6 months if I didn't file it to the court? I already gave them 2 demand letters.

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11 Re: Need advice on bouncing check on Wed Mar 27, 2013 6:04 pm

lucky8


Arresto Menor
Hi Atty,

Ask ko lang po, meron po kasing nagbayad sa kin ng cheke, pero nagbounce sya noong 2009 pa, so almost 4 years na po sa kin yung chekeng talbog, pwede ba kong magfile the kaso sa nag issue, kasi 4 years na. Ilan taon po ba na pwede pa mag file, salamat po.

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12 Re: Need advice on bouncing check on Fri Apr 05, 2013 6:14 pm

escada101


Arresto Menor
hi atty..

i would like to ask advice about bouncing check.. i have a friend who has debt amounting of 50,000.. She gave me 5 different checks amounting of 10,000 each and a total of 50,000 payment for her debts. I found out last year that the checks is bounced because theirs no insufficient balance in the bank. I want to file a complaint but What if she didnt appear in the conference? I heard she is already outside the country.. The check is issued to me last year july up to november. I hope you will give me advice what will i do.. thanks

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