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Prescription period to file a case?

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1 Prescription period to file a case? on Fri Dec 09, 2011 9:54 am


Arresto Menor
Hi Atty. The check that was issued to us bounced for almost a year. I don't still the the money to file a case because the one I am accusing got all my money. I can't borrow from friends and relatives because they got mad at me dahil "tanga" daw ako.

-Can I still file a case against this man even after one year lapsed?

-Will it weaken my case against him?

-I sent a demand letter to him anmd he received it personally. Is it enough? They said there must also be an affidavit of action and receipt and with witness aside from the demand letter.

Thank you.

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2 Re: Prescription period to file a case? on Sat Dec 10, 2011 1:33 pm


what proof will you present that he received the letter personally?

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3 Re: Prescription period to file a case? on Sat Dec 10, 2011 11:09 pm


Arresto Menor
Hi Atty. I personally had him sign the demand letter. He signed it. I just got the format of the demand letter from the internet. It has addresses, contact numbers, a sentence informing him that his checks bounced due to closed account. The checks are specified, then a warning giving him "X" number of days to settle or else we may be forced to make necessary actions.Then a closing to contact me.


-Is the format good enough?
-He signed the demand letter. Because I delivered it personally. Is it ok? Is there a need for Affidavit of service action taken like the one being given if you send it through mail.
-Is a witness needed?
-Is it true that since it is a criminal case, can I directly file to the police or if not, can I just ask a notary public lawyer to make an affidavit of complaint?
-Is it costy?


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