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#81 Deutsch23

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Posted 05 November 2015 - 01:13 PM

Sorry ngayon Lang po ako nkpagreply, maraming maraming salamat po at malaking tulong po Ito lalot sobrang gumaan ang pakiramdam Ko. God bless po 😊

#82 Genesis_MD

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Posted 08 March 2016 - 09:24 AM


First things first.

a. No seizure of real or personal property can occur unless the credit card companies file a civil case of sum of money and a decision is handed by the court... Matagal na proseso yan.
b. Under garnishment, there are exemptions under the civil code. Among of which is the family home, tools that you need to earn your living, personal belongings like clothes, furnitures, etc.

So unless you have received a summons for a civil case, ignore them.....
Anything tantamount to that is equivalent to robbery. Sila ang pwede mong kasuhan.... Criminal case ang robbery.... May kulong and may hit sa NBI.


Very informative. 👍

#83 Dominator93

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Posted 09 March 2016 - 01:56 AM

Who offers one of the most affordable personal loans out there?? I plan to invest it in a Venture Capital firm within the month kasi which offers returns of up to 18% p.a.

 



#84 jazon7099

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Posted 28 March 2016 - 09:47 PM

Good day po mga sirs. May tanong lang po ako.
May umutang po sa akin ng pera. Bnigay nya po atm nya para dun ko na lang po kunin ung bayad nya daw po. Nung sinubukan ko magwithdraw sa araw na usapan namin, wala po laman ung atm nya. Pwede ko po ba xa kasuhan ng estafa?

#85 Google

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Posted 29 March 2016 - 02:55 PM

Good day po mga sirs. May tanong lang po ako.
May umutang po sa akin ng pera. Bnigay nya po atm nya para dun ko na lang po kunin ung bayad nya daw po. Nung sinubukan ko magwithdraw sa araw na usapan namin, wala po laman ung atm nya. Pwede ko po ba xa kasuhan ng estafa?

 

go back to the legal thread.... i think i answered your question there.



#86 bonzos

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Posted 29 March 2016 - 05:21 PM

 The following is not uncommon scenario among friends and family: You lent money to a friend or relative. Such friend or relative clarifies that this is a real "loan" and not a charitable handout. Such friend or relative agrees to pay the loan by such and such date. That date comes; and pursuant to the agreement, maniningil ka. The said fried or relative would make up all sorts of excuses for the non-payment and ikaw pa ang napa-sama.



#87 Google

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Posted 31 March 2016 - 05:35 PM

 The following is not uncommon scenario among friends and family: You lent money to a friend or relative. Such friend or relative clarifies that this is a real "loan" and not a charitable handout. Such friend or relative agrees to pay the loan by such and such date. That date comes; and pursuant to the agreement, maniningil ka. The said fried or relative would make up all sorts of excuses for the non-payment and ikaw pa ang napa-sama.

 

imho, kung walang documentations. mahirap.

pag ganyan, charge to experience na lang.

kung malaki ang halaga, make sure everything is properly documented, maski kapamilya or kaibigan. pero usually, pag pamilya mo ba, idedemanda mo pa?



#88 Evilbrain

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Posted 05 April 2016 - 02:02 PM

Yeah, kahit sa isang pirasong papel lang to indicate na may utang ang isang tao will help a lot. Lagyan mo lang. "Promissory Note" name nyo pareho, amount ng loan at due date if applicable. tapos may date at signature nyo pareho.



#89 Strada2008

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Posted 23 April 2016 - 10:47 PM

How best to collect from customers...I have around 7, totalling out to around mid-7 figures...may mga nag bounce na check...I want to go legal, pero last option...sinsingingil muna, maayos na pakiusap...pero meron talagang wala ng PDCs na ma-issue...need to talk this out with someone in the know...haaay



#90 Google

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Posted 27 April 2016 - 01:13 PM

How best to collect from customers...I have around 7, totalling out to around mid-7 figures...may mga nag bounce na check...I want to go legal, pero last option...sinsingingil muna, maayos na pakiusap...pero meron talagang wala ng PDCs na ma-issue...need to talk this out with someone in the know...haaay

if there are bouncing PDCs involved, have a lawyer to draft a collection letter, and have the lawyer send it directly to the customer.

ok lang maski delayed eh, pero medyo ibang usapan na pag may bouncing checks.



#91 cooldad

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Posted 27 April 2016 - 01:17 PM

tama ba if I say bring it to small claim court ? what their maximum  amount?  



#92 Google

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Posted 03 May 2016 - 01:27 PM

tama ba if I say bring it to small claim court ? what their maximum  amount?  

200k sa SCC.

 

pag up to 500k, MTC ata. anything higher is sa RTC. not sure ako dito.... sure lang ako sa SCC.



#93 Strada2008

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Posted 13 May 2016 - 11:45 AM

Need a referral for a lawyer to get as retainer...Calamba or Laguna side...thanks.

 

We tried to get in touch with IBP, pero even the Laguna chapter is giving me the run-around.


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#94 nuru_seeker

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Posted 01 July 2016 - 05:06 PM

May may utang kasi sakin ng 50k. Hindi pa nagbabayad. Walang collateral. Walang documentation. Just text messages. Pwede ko ba kunin yung montero nya as collateral. Is there a law that would allow me to do that? How does small claims court work? Tnx

#95 MrGrey

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Posted 01 July 2016 - 05:17 PM

May may utang kasi sakin ng 50k. Hindi pa nagbabayad. Walang collateral. Walang documentation. Just text messages. Pwede ko ba kunin yung montero nya as collateral. Is there a law that would allow me to do that? How does small claims court work? Tnx

 

Hindi mo pwede kunin unless papayag din sya na gawing collateral yun montero nya. better do it in writing at notarized para hindi ka mahirapan just in case you will bring it to legal. 



#96 Google

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Posted 04 July 2016 - 04:41 PM

May may utang kasi sakin ng 50k. Hindi pa nagbabayad. Walang collateral. Walang documentation. Just text messages. Pwede ko ba kunin yung montero nya as collateral. Is there a law that would allow me to do that? How does small claims court work? Tnx

you cannot get the montero. for one hindi nya ginawang collateral yun.

and even if you file a case (for sum of money), market value nung vehicle - utang + interests. yung sobra dapat mong ibalik sa kanya. 

i was going to suggest to file a case sa small claims court, kaya lang wala kayong documentation. your case will not hold. 

what you can only do is to remind him pero di mo mapipilit..... 

or forget about it and learn your lesson na pag magpapautang ka, at least, i document mo. 



#97 jazon7099

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Posted 28 July 2016 - 01:48 PM

May may utang kasi sakin ng 50k. Hindi pa nagbabayad. Walang collateral. Walang documentation. Just text messages. Pwede ko ba kunin yung montero nya as collateral. Is there a law that would allow me to do that? How does small claims court work? Tnx


pwede mo kunin ung montero sir. pero panigurado ko e kakasuhan ka nya ng carnapping. at HINDI mo pwede gawing defense na may utang xa sau na 50k. una kuya e subukan mo muna xang mapapirma ng promissory note kung gusto nya. kung ayaw nya e ala ka na magagawa nyan.
may utang din sakin ung dati ko kaibigan na 100k. umabot ng 6 mos e d xa ngbabayad. sabi ko na ung interest e napakalaki na at kung pipirma xa ng promiasory note e gagawin ko na lng na 100k uli utang nya. ayun payag na pumirma nman. pero hanggang ngaun e d ko pa din nasisingil. hehehe

#98 99PercentCaffeine

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Posted 07 November 2016 - 05:55 PM

Good day ladies and gents.  I am posting an email message sent to me by a close friend who is having a bit of a hard time.  I hope anyone of you can help her with his predicament.

 

Here is the complete text copied from my email

 

"Day


Naghiram ako ng  7k dun sa LR  nung sept nang kelangan ni mama ng gamot.  Eh ayun diba nawalan ako ng work kasi nalugi na yung startup.   Ngayon di ako makapagbayad.  Yung 7k lumobo naging 9,200 na tapos dagdag 50 pesos araw-araw.  Kaya ko lang bayaran 1k per week kasi ala pa ko makastart ng work till next month.   Grabe sila gusto ora mismo yunng bayad kundi 50 pesos pa din daily kahit naghuhulog ako 1k per week.   Ano pwede gawin?  Check mo contract kasi madaming words na di ko intindi.  takot man ako styemore sa estafa kaya lang no means pa talaga sa ngayon.   Pa help naman day.  salamat. 

 

 

Salamat."


 

A little bit of a back story.  On September of this year, a friend asked if he can borrow some money because of a family emergency.  At the time, I was not in the position to offer any financial assistance so I sent a link to an online payday loan website that caters to people needing short term loans without putting up any collateral.  I sent several leads but apparently, he only got approved at LR.  At the time he applied for and got approved for the loan, he had a stable job and was able to make both ends meet, albeit except for his mother's medical expenses.  He got approved for a 7k loan with a term of 13 days, and a total of 7545 payable amount.  a few days before his loan was due, he got fired from his job due to the company downsizing.  He got no back pay or any sort of severance package.   So now he is strapped.  I read his contract and understood the fine print but since I have not had any experience dealing with loan sharks, I figured I get him some help from the good folks here and anyone who might be able to help.  

 

Facts:

As per the contract, he did agree to an 8% interest.

The 50 pesos daily  "late charge" is also in the contract

He is looking to pay in increments of 1000 per week until he gets a stable job (which I was told was 30 days away)

He has yet to receive a formal demand letter, but there have been emails twice a day since his loan became overdue. 

 

Questions:

 

If he is able to pay 1000 pesos weekly, is it still reasonable for the loan shark to charge 50 pesos per day?

Is failure to pay on time, or opting to pay in incremental amounts constitute grounds of Estafa?

If he does get sued for Estafa, what does the process entail, i.e. court appearances, legal representation, etc.

Can LR garnish his wages once he gets a new job?

DOes that mean he is obliged to pay exorbitant "fees" just because he agreed to it, even if the amounts are way past the reasonable limit?

 

 

Any information you can share that is relevant to loan shark transactions, please feel free to share it.  Thank you in advance.  


Edited by 99PercentCaffeine, 07 November 2016 - 05:57 PM.


#99 Google

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Posted 08 November 2016 - 04:48 PM

Good day ladies and gents.  I am posting an email message sent to me by a close friend who is having a bit of a hard time.  I hope anyone of you can help her with his predicament.

 

Here is the complete text copied from my email

 

"Day


Naghiram ako ng  7k dun sa LR  nung sept nang kelangan ni mama ng gamot.  Eh ayun diba nawalan ako ng work kasi nalugi na yung startup.   Ngayon di ako makapagbayad.  Yung 7k lumobo naging 9,200 na tapos dagdag 50 pesos araw-araw.  Kaya ko lang bayaran 1k per week kasi ala pa ko makastart ng work till next month.   Grabe sila gusto ora mismo yunng bayad kundi 50 pesos pa din daily kahit naghuhulog ako 1k per week.   Ano pwede gawin?  Check mo contract kasi madaming words na di ko intindi.  takot man ako styemore sa estafa kaya lang no means pa talaga sa ngayon.   Pa help naman day.  salamat. 

 

 

Salamat."


 

A little bit of a back story.  On September of this year, a friend asked if he can borrow some money because of a family emergency.  At the time, I was not in the position to offer any financial assistance so I sent a link to an online payday loan website that caters to people needing short term loans without putting up any collateral.  I sent several leads but apparently, he only got approved at LR.  At the time he applied for and got approved for the loan, he had a stable job and was able to make both ends meet, albeit except for his mother's medical expenses.  He got approved for a 7k loan with a term of 13 days, and a total of 7545 payable amount.  a few days before his loan was due, he got fired from his job due to the company downsizing.  He got no back pay or any sort of severance package.   So now he is strapped.  I read his contract and understood the fine print but since I have not had any experience dealing with loan sharks, I figured I get him some help from the good folks here and anyone who might be able to help.  

 

Facts:

As per the contract, he did agree to an 8% interest.

The 50 pesos daily  "late charge" is also in the contract

He is looking to pay in increments of 1000 per week until he gets a stable job (which I was told was 30 days away)

He has yet to receive a formal demand letter, but there have been emails twice a day since his loan became overdue. 

 

Questions:

 

If he is able to pay 1000 pesos weekly, is it still reasonable for the loan shark to charge 50 pesos per day?

Is failure to pay on time, or opting to pay in incremental amounts constitute grounds of Estafa?

If he does get sued for Estafa, what does the process entail, i.e. court appearances, legal representation, etc.

Can LR garnish his wages once he gets a new job?

DOes that mean he is obliged to pay exorbitant "fees" just because he agreed to it, even if the amounts are way past the reasonable limit?

 

 

Any information you can share that is relevant to loan shark transactions, please feel free to share it.  Thank you in advance.  

if he cannot pay, then don't pay. parang wala namang PDC involved. if a case is filed against him, it would only be a civil case of sum of money. walang kulong. 

let the lending institution bring him to court.

pag nasa court na, question in front of the judge the excessive interest rates. papagalitan pa ni judge yan. the supreme court ruled anything that is more than 2% per month as usurious. 

 

however, check the fine print ng loan agreement. baka meron dun na pwedeng batakin ng lending institution mga gamit nya pag di sya nakabayad without going to court. kung wala, take my above advice. 

 

note. it is not estafa. for estafa has the initial intent to deceive. the lending institution should prove that since they are the plaintiff. but for me, its only a civil case for sum of money, which is the worst thing the lending institution can do. 

 

and mind you. gagastos pa si lending institution dyan ha? filing fees, attorney's fees, etc. 


Edited by Google, 08 November 2016 - 04:49 PM.


#100 X0X0

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Posted 10 November 2016 - 09:50 AM

 

 

Questions:

 

1. If he is able to pay 1000 pesos weekly, is it still reasonable for the loan shark to charge 50 pesos per day?

2. Is failure to pay on time, or opting to pay in incremental amounts constitute grounds of Estafa?

3. If he does get sued for Estafa, what does the process entail, i.e. court appearances, legal representation, etc.

4. Can LR garnish his wages once he gets a new job?

5. DOes that mean he is obliged to pay exorbitant "fees" just because he agreed to it, even if the amounts are way past the reasonable limit?

 

 

Any information you can share that is relevant to loan shark transactions, please feel free to share it.  Thank you in advance.  

1. Yes

2. Yes

3. Not going to happen. now

4. Not going to Happen. now

5. Yes .. prior to agreeing to the contract you were given a chance to review and accept the "exorbitant fee".

 

for 3 and 4 .. the amount receivable is negligible. But if this amount becomes bigger, they will take action.

Even if you ignored the loan for 1 year which is 365 days. ( this calculation is only based ont he info you gave us ) 50 peso a day "fixed". It is still too small.

 

Your friend has too many excuses. Pay up.

 

Ask your friend to go to DOLE to harass also his former employer. unless the company filed for bankruptcy.. he is entitled to severance pay. but then again.. your friend sounds irresponsible based on the predicament he is in. most likely he did not get regularized because of sub-par performance.






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