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Grounds for estafa.

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1 Grounds for estafa. on Sun Dec 04, 2011 3:40 am

meridangazul


Arresto Menor
hi. 2 years ago, i met a friend and trusted her that she can arrange my annulment case. she asked for 250,000 pesos. She promised my case would be solved within 6 months just like hers (told me she was able to annul her marriage too in 2 months).

Because she is my friend and i worked with her for 6 months, i instructed my niece na bayaran sia at papirmahin lang ng received money. She never even told me which attorney office she filed my case.
After a year, avoiding contact with me, my fiancee and niece hunted her down sa trabaho nia. They recorded the conversations. She promised that she "will personally pay" me if the case didn't worked.
After that conversation, she deleted my name in her facebook so i can not track where she is...

What case can i file against her?
Is this enough grounds to charge her with estafa?
What are my chances?
Will it be a strong case?

I would really appreciate your advice sir.

Thank you

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2 Re: Grounds for estafa. on Mon Dec 05, 2011 9:22 pm

meridangazul


Arresto Menor
Hi, is there anybody here...?
May mga abogado bang sumasagot dito?

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3 Re: Grounds for estafa. on Tue Dec 06, 2011 4:22 am

meridangazul


Arresto Menor
Please help.

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4 Re: Grounds for estafa. on Wed Dec 07, 2011 10:18 pm

attyLLL


moderator
this sounds like estafa, send a demand letter first.

aside from the acknowledgment receipt, is there any other evidence of your transaction?


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5 Re: Grounds for estafa. on Thu Dec 08, 2011 3:38 am

meridangazul


Arresto Menor
First of all, my gratittude to you sir for taking the time to reply...
Mabuhay ang "Free Legal Advice Philippines"!!!

Aside from acknoledgement of receipt, i think i can reproduce the chattings, emails. But those are not so concrete and solid.

After a year, my fiancee and niece hunted her down sa work nia as singer. The conversation was recorded with her caught saying that "i will personally pay" kuya.

Then after that she removed me from her facebook list. Obviously trying to avoid me.
I found her and talked to her and threatened her that i will sue her if she don't pay me back.
She begged for me to consider an installment plan.
Out of humanitarian consideration, i agreed.
But as soon as i got back home para call ko sia to give her my bank account number, i realised she blocked me. Kasi ask ko mga friends nia to call her and they were all able to call her. Pag call, laging busy ang sumasagot na computer.
Again all of the conversations were recorded by me.

I want to put her on the immigration watch list para di na sia maka abroad..

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6 Re: Grounds for estafa. on Sat Dec 10, 2011 12:43 pm

attyLLL


moderator
oops, if that conversation was recorded without her consent,that is inadmissible and make them and your criminally liable for wire tapping act.

again, send her a demand letter to account for the funds. chats and emails can be used as evidence depending on what they say. you can request for issuance of watch list order (max of 4 mos.) after you file a criminal complaint.


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7 Re: Grounds for estafa. on Sat Dec 10, 2011 2:08 pm

meridangazul


Arresto Menor
many thanks again for the infos Atty.

i sent demand letter through with email (with no response at all). pede po bang evidences un?
puede po ba i-renew ang "immigration watch list" after na mag lapse ung 4 months kung di pa din po sia matagpuan(i.e. if they missed her the first time and she goes out the country for a long time(1 or 2 years)?

Also, after filing the complaint, will i not be required to stay in the philippines?
the nature of my work now requires me to stay outside philippines.
i can request for a 2 to 3 weeks vacation though...

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8 Re: Grounds for estafa. on Fri Dec 16, 2011 11:40 pm

attyLLL


moderator
email is not going to be enough if there was no response. giving a notice of dishonor is one of the crappiest part of my job. i myself am ignored or they hide from me, which is what i would advise my own clients.

i normally have to charm my way just to get them in the same room, sometimes file a case just so i can serve a notice of dishonor.

4 mos is max, but it stays on the list until they process it out or the BI deletes it.


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9 Re: Grounds for estafa. on Sat Dec 17, 2011 5:16 am

meridangazul


Arresto Menor
Nung last na usapan namin, humingi ako ng permiso kung pede i-record ang usapan namin. nag -ok sia. And then pumirma pa sia sa bagong kasunduan na huhulugan nia every ist day of the month ang pera ko. Pag pumalya sia ng hulog, pede ko ba ituloy isampa ung estafa case?

ung recording na bago pede ko na pong gamitin as evidence un? Plus the new signed argreement na huhulugan nia ung pera?

Thanks po.

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10 Re: Grounds for estafa. on Sun Dec 18, 2011 7:17 pm

attyLLL


moderator
i hope it's in the recording that he is giving his consent.

with that agreement, it is no longer estafa because you agreed to convert it into a loan.


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11 Re: Grounds for estafa. on Mon Dec 19, 2011 11:57 am

meridangazul


Arresto Menor
Thanks po again sa reply.
yes it's in the recording that she gave her consent.

so it's a mistake po pala to let her sign in a new agreement like that?
In that case, there will be no estafa charges that can be filed against her if ever pumalya po sia sa hulog or maybe even run away from that new agreement?

ano po ang dapat kong gawin?

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12 Re: Grounds for estafa. on Mon Dec 19, 2011 11:59 am

meridangazul


Arresto Menor
i only made that agreement out of humanitarian considerations. kasi sabi nia masyado pong mabigat.

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13 Re: Grounds for estafa. Today at 9:03 am

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