money Usapang Utangan

[Google]

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.

[Strada2008]

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.

[nuru_seeker]

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

[-DELETED-]

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.

[Google]

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.

[jazon7099]

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

[99PercentCaffeine]

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 November 7, 2016 by 99PercentCaffeine

[Google]

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 November 8, 2016 by Google

[X0X0]

 

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.

[X0X0]

apologies that i just dissed your friend, without being constructive

 

my advice.. do a loan restructuring.

 

every filipino is crazed with smartphones.. pawn his cellphone.. pay the LR. you will get a much better interest rates from pawnshops. if he defaults the pawn.. they will not pursue him legally

[99PercentCaffeine]

apologies that i just dissed your friend, without being constructive

 

my advice.. do a loan restructuring.

 

every filipino is crazed with smartphones.. pawn his cellphone.. pay the LR. you will get a much better interest rates from pawnshops. if he defaults the pawn.. they will not pursue him legally

 

Thanks for your input. I ended up loaning him the cash so he can pay off the debt, under the condition that he will NEVER again entertain the idea of borrowing from loan sharks. It is financial suicide.

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.

 

Thank you for your advice. He's paid up now. I told him to explore any other means to secure a loan next time.

[maduro]

hirap maka utang. dapat good credit kamuna

[TheRedHood]

isa sa mga dapat iwasan ang pangungutang pero madalas hindi natin magawa

[p4tr1ck]

Anu ang po ba ang pwedeng gawing sa kaibgang umutang ng malaking halaga ng pera tpos hindi nagbayad at bigla nalang nawala.. Yung utang ay verbal lang..walang kasulatan..any advise po

[Google]

Anu ang po ba ang pwedeng gawing sa kaibgang umutang ng malaking halaga ng pera tpos hindi nagbayad at bigla nalang nawala.. Yung utang ay verbal lang..walang kasulatan..any advise po

 

wala. how can you prove na may utang sya sa iyo? in a court case, you have to present proof.

charge it to experience.