Difficult To Collect Customers

[movey]

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.

[kengold]

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!

[movey]

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.

[RealEstateMan]

Harry Pound Co. has a seminar about Credit Collection from your clients who are pasaway. You can visit their website at www.harrypound.com. I hope this enriches your knowledge in this business.

[linux_distro]

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.

[NightWingX]

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?

[linux_distro]

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.

[SteveWynn]

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

[NightWingX]

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.

[movey]

NEW INFO !!! beware of these establisments giving hell to their suppliers ! Coffee Experience, Tender Roast (or Snack Studio), Cheesecake...

[movey]

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...

[jombratero]

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 June 19, 2007 by jombratero

[SteveWynn]

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

 

may i ask what kind of business are you in?

[dyodyo]

NEW INFO !!! beware of these establisments giving hell to their suppliers ! Coffee Experience, Tender Roast (or Snack Studio), Cheesecake...

 

 

why? what happend?

[linux_distro]

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.