Jump to content

Recommended Posts

Hi i am a businessman for over 5 years now. Business has been good so far. Yet there is still no escaping from the possibility that one will encounter some customers who will give you hell when it's time to collect from them. Perhaps we businessmen can join together to help each other protect our business by coming up with a list of companies or establisments who are very "troublesome" when it comes to collection.

Link to comment
  • Replies 26
  • Created
  • Last Reply

Top Posters In This Topic

yeah you're right. years back i encountered this restaurant "La Chesca". they closed before i was able to collect. when i went to the owners residence, the place was deserted, with old pldt and meralco bills scattered all over. grrrr!

Link to comment

my friend told me to be aware of hotel kimberly along malate, classic case of lousy payer with excuses such as the boss is out, no signature on the check, the accoutant is out, the drawer is locked. blah blah blah. be careful of a certain ms juvee (purchaser) and ms ann (check releasing), these gals work in tandem to give their suppliers hell.

Link to comment
  • 1 month later...

Its because of the system that we cannot take law into our hands, but then law enforcement and dispensation of justice take time and are relatively expensive. We just have to do discreet investigations with the people we extend credit with and then let law takes its course. There are credit collection agencies that accept contingency arrangements. Or you can make arrangement that checks issued to you be signed or or guaranteed by a particular corporate officer so it will become his personal liability also. Also check if the amount is covered by PD 818, which reads

 

"SECTION 1. Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of Article 315 of the Revised Penal Code, as amended by Republic Act No. 4885, shall be punished by:

 

1st. The penalty of reclusion temporal if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the later sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos but the total penalty which may be imposed shall in no case exceed thirty years. In such cases, and in connection with the accessory penalties which may be imposed under the Revised Penal Code, the penalty shall be termed reclusion perpetua;"

 

A person thus charged may be held without bail under the recent Dept of Justice Bailbond Guide -

 

"ESTAFA (Art. 315, Par. 2(d) as amended by PD 818)

 

- If the amount of fraud is P32,000.00 or over (the penalty is) Reclusion perpetua No Bail"

 

So if you have at least P32T collectible against a check, it might be worth your time to file a case and considering that the issuer is immediately incarcerated without bail and facing a penalty of reclusion perpetua, you should be in a position to demand any amount you want for the issuer to settle the P32T collectible.

Link to comment
wow

I should file a case against the one issue me bouncing checks. And ask for interest and atty. fee! :thumbsupsmiley:

But how long will that take?

 

Filing a case is the only way. File one for estafa under PD 818. You have to hire a lawyer to craft a demand letter and then a complaint for estafa under PD 818, or go to a public attorney's office - they dont charge fees just bear with their tight schedules, they are as good as private practitioners or even better. The process would take sometime, the prosecutor or fiscal will decide within 45 days (his salary is supposedly withheld if he fails to decide within that period). After the prosecutor recommends filing of estafa under PD 818, the Court takes over and immediately issues warrant of arrest. Sometimes you need to personally coordinate with the police station nearest to the residence of the issuer (accused) to make sure the warrant is immediately served. It is also suggested to go with the warrant officer in serving the warrant to the issuer (accused) to prevent the issuer (accused) from bribing the warrant officer to postpone the service of the warrant some other time and thus give the accused opportunity to flee and hide. You can start being unreasonable once the accused is in jail, and he realizes he cannot post bail and he faces reclusion perpetua.

 

The case before the court could take time, sometimes unreasonably long, due to postponements made by lawyers and sometimes by the judge or the fiscal. But since the accused is already in jail, the process served has its purpose.

 

Good luck.

Link to comment
Hi i am a businessman for over 5 years now. Business has been good so far. Yet there is still no escaping from the possibility that one will encounter some customers who will give you hell when it's time to collect from them. Perhaps we businessmen can join together to help each other protect our business by coming up with a list of companies or establisments who are very "troublesome" when it comes to collection.

 

same here dude, my advice to you is to limit business transactions with indians

 

also we had some experience dealing with one of our distributor in mindanao area, we have to hire a muslim lawyer to get the job done

Link to comment
Filing a case is the only way. File one for estafa under PD 818. You have to hire a lawyer to craft a demand letter and then a complaint for estafa under PD 818, or go to a public attorney's office - they dont charge fees just bear with their tight schedules, they are as good as private practitioners or even better. The process would take sometime, the prosecutor or fiscal will decide within 45 days (his salary is supposedly withheld if he fails to decide within that period). After the prosecutor recommends filing of estafa under PD 818, the Court takes over and immediately issues warrant of arrest. Sometimes you need to personally coordinate with the police station nearest to the residence of the issuer (accused) to make sure the warrant is immediately served. It is also suggested to go with the warrant officer in serving the warrant to the issuer (accused) to prevent the issuer (accused) from bribing the warrant officer to postpone the service of the warrant some other time and thus give the accused opportunity to flee and hide. You can start being unreasonable once the accused is in jail, and he realizes he cannot post bail and he faces reclusion perpetua.

 

The case before the court could take time, sometimes unreasonably long, due to postponements made by lawyers and sometimes by the judge or the fiscal. But since the accused is already in jail, the process served has its purpose.

 

Good luck.

Thanks for the info.

Link to comment
same here dude, my advice to you is to limit business transactions with indians

 

also we had some experience dealing with one of our distributor in mindanao area, we have to hire a muslim lawyer to get the job done

 

 

tks mr. wynn. not only indians, but also chinese, pinoys, koreans, etc. , they're all the same...

Link to comment
Filing a case is the only way. File one for estafa under PD 818. You have to hire a lawyer to craft a demand letter and then a complaint for estafa under PD 818, or go to a public attorney's office - they dont charge fees just bear with their tight schedules, they are as good as private practitioners or even better. The process would take sometime, the prosecutor or fiscal will decide within 45 days (his salary is supposedly withheld if he fails to decide within that period). After the prosecutor recommends filing of estafa under PD 818, the Court takes over and immediately issues warrant of arrest. Sometimes you need to personally coordinate with the police station nearest to the residence of the issuer (accused) to make sure the warrant is immediately served. It is also suggested to go with the warrant officer in serving the warrant to the issuer (accused) to prevent the issuer (accused) from bribing the warrant officer to postpone the service of the warrant some other time and thus give the accused opportunity to flee and hide. You can start being unreasonable once the accused is in jail, and he realizes he cannot post bail and he faces reclusion perpetua.

 

The case before the court could take time, sometimes unreasonably long, due to postponements made by lawyers and sometimes by the judge or the fiscal. But since the accused is already in jail, the process served has its purpose.

 

Good luck.

 

 

Hi, been at the same issue too, And here is my story: a friend of mine owes our group 50k, but instead of issuing a post dated check, he made a promissory note. But the thing is, we named our group as "abcd corp." and we are not yet a registered corporation yet... we were planning to build up a corporation for that deal, but the deal turned sour, and due to lack of funds, we shelved the plans of registering at sec...

 

My big question: Can we still use the promissory note in any legal process? (Demand letters, filing for estafa, etc..) What are the chances?

Edited by jombratero
Link to comment
Hi, been at the same issue too, And here is my story: a friend of mine owes our group 50k, but instead of issuing a post dated check, he made a promissory note. But the thing is, we named our group as "abcd corp." and we are not yet a registered corporation yet... we were planning to build up a corporation for that deal, but the deal turned sour, and due to lack of funds, we shelved the plans of registering at sec...

 

My big question: Can we still use the promissory note in any legal process? (Demand letters, filing for estafa, etc..) What are the chances?

 

I think so. Your group might be treated as unregistered association. It may not have the personality to sue but you yourselves as partners may sue using abcd as a vehicle. For instance, you might write the demand letter in this wise - "We, Juan de la Cruz, Melchor Baltazar, Maria Makiling, Jose Mabini and Andres Rizal, doing business under the name abcd, formally demand upon you to make good your promissory note xxxx" How you can be identified with abcd is a matter of evidence which you will have to prove during the trial by showing your unregistered corporation papers, or by yours correspondences with each partner, or by minutes of meetings, or list of contributions, etc. As to whether there can be estafa would depend on how you present your facts.

 

(I just dont remember if attaching "corp" would make you liable under the corporation code so it is safe that you dont attach the word corp to your name "abcd" in all subsequent communications; just refer to yourselves as abcd or abcd group. If the promissory note states "abcd corp", well you can always argue that the "corp" was written by the issuer not by you.)

 

Good luck.

Link to comment
  • 2 months later...

I myself would have appreciated the heads up before doing business with such companies. It makes life a lot easier if you don't have money stuck in these. People are still free to transact with them, it's basically just a caveat. I really do think it's more helpful if names are posted. It's not like we're posting in a newspaper or advertising over t.v., it's just among friends. But that's just me :)

Link to comment
  • 2 weeks later...

Guys ask ko lang paano ninyo nasabi na bad clients or whatsoever ang mga na mentioned na companies na to?

Umuutang ba sila sa inyo?

 

My dad also had a business (money lending stuff) pero ang naecounter ko sa kanya yung mga client either namatay na.

Ayun medyo hindi maipinta yung mukha.

 

hehehehehe

Link to comment
  • 2 weeks later...

Here's how it usually works...if you supply high turnover items like food/meat for example your delivery would usually be twice or even several times more per week. The bad clients would usually start out to be good payers for the first few weeks and then gradually you'd see the terms growing longer and longer. The killer here is that you're still doing the same number of deliveries per week and not getting paid on time and before you know it your receivables have sky-rocketed.

 

Why not stop delivery you might ask? Well, that's easier said than done. Remember, you're dealing with these people in good faith and that's exactly why you're in business with them in the first place. So whenever there would be delays in payment you'd usually just shrug it off and accept whatever excuse they make. By the time you finally realize that these are indeed bad clients your receivables have ballooned to unacceptable levels. I'm not talking about months here, this could happen in just weeks or even days depending on the frequency and the value of every delivery.

 

I sometimes get to deal only with workers so I could understand why they could be so dishonorable in their dealings. They usually ask for kick-backs and the usual padulas before they release payment. Pero yung mga pang-asar talaga eh pag may-ari na ang kausap mo tapos iipitin ka pa rin sa bayad. It's even more annoying to know that they get paid in cash so you know they have the money!

 

Whoever came up with this mentality that if you don't hold payment for as long as possible you're not a good businessman is doing a great disservice to our economy. A buyer is also a supplier to somebody else, if everybody does this dirty tactic who wins in the end? An Australian friend of mine attempted to do business here supplying to hotels but eventually packed up and left because of the difficulty in collecting payments. If it's 30days we agreed upon it's 30days i should be able to collect from you he told me. Most hotels, even the 5 star ones, are bad clients but this is during the off-peak season for tourist, maybe it's different during peak.

 

Mind you most of these bad clients are doing good business so it's really out of bad faith and lack of breeding that they hold payment.

 

I pay my suppliers on time. I get really pissed when I'm late in my own payments because a bad client screwed me once again. It's a very unfortunate vicious cycle.

Link to comment
  • 1 month later...

pag may pautang na mahirap singin pinag titiyagaan ko lang kahit konti lang tinatangap ko yung bayad basta maka bawas lang sa utang. at saka bawal ang galit pag ikaw ang may kailangan hehehe cool lang . pero pag nasingil ko na lahat ayun@#%#$%$#% saka ka mag wala hahahaha. pero pag di ko nasingil bahala na siya sa buhay niya. ganun talaga buhay di naman lagi panalo may talo din dami kasing walnghiya ngayon, nagugulat nga ako kung sino pa yung mga educadong tao yun pa ang manloloko ..ano ba natutunan ngayon sa mga skwelahan? di nila alam sa business pangalan ang #1 mo i pupundar pag nasira ka ........... sira ulo mo.

Link to comment
  • 2 years later...

Here's how it usually works...if you supply high turnover items like food/meat for example your delivery would usually be twice or even several times more per week. The bad clients would usually start out to be good payers for the first few weeks and then gradually you'd see the terms growing longer and longer. The killer here is that you're still doing the same number of deliveries per week and not getting paid on time and before you know it your receivables have sky-rocketed.

 

Why not stop delivery you might ask? Well, that's easier said than done. Remember, you're dealing with these people in good faith and that's exactly why you're in business with them in the first place. So whenever there would be delays in payment you'd usually just shrug it off and accept whatever excuse they make. By the time you finally realize that these are indeed bad clients your receivables have ballooned to unacceptable levels. I'm not talking about months here, this could happen in just weeks or even days depending on the frequency and the value of every delivery.

 

I sometimes get to deal only with workers so I could understand why they could be so dishonorable in their dealings. They usually ask for kick-backs and the usual padulas before they release payment. Pero yung mga pang-asar talaga eh pag may-ari na ang kausap mo tapos iipitin ka pa rin sa bayad. It's even more annoying to know that they get paid in cash so you know they have the money!

 

Whoever came up with this mentality that if you don't hold payment for as long as possible you're not a good businessman is doing a great disservice to our economy. A buyer is also a supplier to somebody else, if everybody does this dirty tactic who wins in the end? An Australian friend of mine attempted to do business here supplying to hotels but eventually packed up and left because of the difficulty in collecting payments. If it's 30days we agreed upon it's 30days i should be able to collect from you he told me. Most hotels, even the 5 star ones, are bad clients but this is during the off-peak season for tourist, maybe it's different during peak.

 

Mind you most of these bad clients are doing good business so it's really out of bad faith and lack of breeding that they hold payment.

 

I pay my suppliers on time. I get really pissed when I'm late in my own payments because a bad client screwed me once again. It's a very unfortunate vicious cycle.

 

 

iwanan mo yung bad customers para walang sakit ng ulo. We hold our deliveries to our customers who are late in sending their PDc checks. You can concentrate to good customers

Link to comment
  • 4 years later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...