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I do not know how they got my cp #... but a certain Atty.___________ called me up this morning. He said that they will proceed to the Municipal court of Pasig to ask the Court Sheriff to seize whatever real or personal property that I have. He said that it is related to a case that they filed for my violation of RA 8484.

 

He gave me until 5pm today to call him for the settlement of my (alleged) debts. If not, I could expect the sheriff to come to my house tomorrow. He said that they made their research already and knows my properties. He mentioned the plate # of my car (with make and model) and told me that it would be seized/garnished as settlement for my debt.

 

What will I do?

 

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.

 

 

 

 

 

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any ideas how we can get back at these collecting agencies? pwede ba natin sampahan ng kaso itong mga taong ito and what are the chances na manalo ang kaso isasampa natin?

 

There are lots of things you can do.

First is you can sue for harassment, oral defamation or vexation.

But then again, you would have to have sufficient evidences and time and money to spare. Kailangan mo ng abogado eh, and kailangan mo mag attend sa court hearings.

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  • 2 weeks later...

collecting agencies lang lahat yan! Law office kuno lang at Atty. no cases lang mga yan!

Credit card lang naman yan at hinde personal loan na nagbigay ka ng collateral kaya kalokohan sasabihin nila kukunin nila bahay mo!

At last but not the least lagi ko nga sinasabi bawi na sila sayo, compute mo na lang yung minimum payment na binayaran mo sa kanila in 1 year eh & plus charges pa! Kapag tumigil ka na sakanila magbayad eh may insurance naman yan! :P

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  • 3 weeks later...

ask ko lang sa mga nakakaalam. May Car Loan ako sa isang Bank at the same time may credit card. na delay ako sa kotse ng ilang months kasi talagang hirap ako kumolekta sa clients ko pero plan ko na bayadan in full para ma kuha ko na ang CR ko. how ever ang sabi ng tumatawag saakin kailangan ko din bayadan ang Credit card ko dahil meron sa contract na dapat bayadan din yun para i release ang CR. tama ba yun?

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ask ko lang sa mga nakakaalam. May Car Loan ako sa isang Bank at the same time may credit card. na delay ako sa kotse ng ilang months kasi talagang hirap ako kumolekta sa clients ko pero plan ko na bayadan in full para ma kuha ko na ang CR ko. how ever ang sabi ng tumatawag saakin kailangan ko din bayadan ang Credit card ko dahil meron sa contract na dapat bayadan din yun para i release ang CR. tama ba yun?

 

 

nope..... the car loan is a secured loan and is of a separate account that your credit card account, which is an unsecure account.

unless may specific condition dun sa car loan contract mo about this.

 

 

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  • 1 month later...

Estafa ba ang tawag sa kaso na pwedeng I file sa taong umutang sa iyo at ayaw na magbayad despite having a written agreement? Yung collateral na ginamit nung umutang is an original certificate of title sa lupa na pinahiram sa kanya. Can the bright lawyers in this forum enlighten me?

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Estafa ba ang tawag sa kaso na pwedeng I file sa taong umutang sa iyo at ayaw na magbayad despite having a written agreement? Yung collateral na ginamit nung umutang is an original certificate of title sa lupa na pinahiram sa kanya. Can the bright lawyers in this forum enlighten me?

 

i am not a lawyer, but imho, estafa comes with an intent of deception. so dapat merong ganyang evidence.

in your case, parang ubra, since hindi naman sa kanya yung titulo ng lupa na ginamit nyang collateral.

 

opinion ko lang po.

 

 

 

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  • 1 month later...

So far.. wala pa namang tumatawag ulit...

 

Nagresearch din ako sa internet... grabe pala talaga kung mang-harass ang mga collection agencies (law offices)...

 

I still intend to fix this... kahit magbayad ako... pero hanggang P10k lang siguro... dahil questionable naman talaga yung transaction na naka-charge sa'kin...

 

questionable pero willing mag bayad??? common... make up your mind... kulang ka pa ng research IMHO

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How about Bank Loan...me utang ako sa Bangko na 20,000.00 ten years ago no collateral...nawalan kasi ako ng work dati.. then ngayon 150,000 plus na daw ang utang ko...base sa batas ilang percent and how much lang ung dapat ko talaga na bayaran...tnx po sa sasagot..

 

base sa batas and sa decision ng supreme court, it should be at most 2% per month, instead of the 3.5-3.75% per month.

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  • 4 weeks later...

Hello Sir/Maam, ask ko po sana kung ano habol ko sa situation ko. meron kasing taong may utang sakin na almost 190,000 pesos. ngayon po wala na sya sa bahay na nire-rent nya na tinirahan nila ng more than 10yrs pati anak nya kasama nya. sabi sabi nasa probinsya na raw nagtago. unattended na mga cellphone number nya pati nga po facebook nila deactivated na rin. yung utang po nya inutang ko rin halos lahat yun. pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya? thanks po.

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pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya?

 

pwede, pero ano ang gamit. di mo nga makita, manalo ka man, paano ka kokolekta. alamin mo muna kung nasaan siya.

 

Pangalawa, alamin mo kung me ari-arian yan. nanalo ka nga, kung wala ka rin namang makukuhang ari-arian para ibayad sa utang sa iyo, ala rin gamit.

 

Pangatlo, alalahanin mo na gagastos ka rin sa kaso, tapos matagal din ang kasuhan. justified ba ang gagastusin mo (sa pera at panahon) para sa P190T. cost-benefit analysis baga.

 

Hello Sir/Maam, ask ko po sana kung ano habol ko sa situation ko. meron kasing taong may utang sakin na almost 190,000 pesos. ngayon po wala na sya sa bahay na nire-rent nya na tinirahan nila ng more than 10yrs pati anak nya kasama nya. sabi sabi nasa probinsya na raw nagtago. unattended na mga cellphone number nya pati nga po facebook nila deactivated na rin. yung utang po nya inutang ko rin halos lahat yun. pwede ko po ba ito idemanda kaso di ko alam kung nasaan sya? thanks po.

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  • 3 weeks later...

I used to have a 3 credit cards; Citibank, HSBC, and BPI... but when my husband and I separated last 2008, I was not able to pay them... Total balance for the 3 would reach close to 100k...

 

I received lots of demand letters and collection calls. There are times wherein there are collection agents and even uniformed policemen who went to my apartment, but since I am working, they were not able to talk to me. However, my daughter told me that they were informed of the details of my debt... even told her that I might go to jail if I will not pay. My daughter (she was 9 y.o. then) cried and was so embarassed because even her playmates knew of my debts. Apparently, the collectors even spoke to my neighbors. They were able to get the cp number of my next door neighbor and would text her to ask if I am at home on particular days. There was even a time when my neighbor would forward to me the texts messages from the collectors. I managed to talk to one of lawyers (daw) from the collection agency. We had a deal. We met 3 times for sex, in exchange for the stopped collection letters and calls.

 

Fast forward... 5 years has passed. My daughter is already in high school.

 

I still live in the same address. I still work in the same office. The demand letters and collection calls has stopped already... except for one... Citibank. Maybe that one was not covered by my deal with the collection lawyer. I still receive demand letters from Citibank every other month. My outstanding balance now stands at P208k.

 

I don't know what to do with it. I am just hoping that they will grow weary and stop sending those letters.

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I used to have a 3 credit cards; Citibank, HSBC, and BPI... but when my husband and I separated last 2008, I was not able to pay them... Total balance for the 3 would reach close to 100k...

 

I received lots of demand letters and collection calls. There are times wherein there are collection agents and even uniformed policemen who went to my apartment, but since I am working, they were not able to talk to me. However, my daughter told me that they were informed of the details of my debt... even told her that I might go to jail if I will not pay. My daughter (she was 9 y.o. then) cried and was so embarassed because even her playmates knew of my debts. Apparently, the collectors even spoke to my neighbors. They were able to get the cp number of my next door neighbor and would text her to ask if I am at home on particular days. There was even a time when my neighbor would forward to me the texts messages from the collectors. I managed to talk to one of lawyers (daw) from the collection agency. We had a deal. We met 3 times for sex, in exchange for the stopped collection letters and calls.

 

Fast forward... 5 years has passed. My daughter is already in high school.

 

I still live in the same address. I still work in the same office. The demand letters and collection calls has stopped already... except for one... Citibank. Maybe that one was not covered by my deal with the collection lawyer. I still receive demand letters from Citibank every other month. My outstanding balance now stands at P208k.

 

I don't know what to do with it. I am just hoping that they will grow weary and stop sending those letters.

 

 

Wow! that was a nice one. i wish i can do that to all the collecting agency who keep on bothering me all the time. kaya lang lalaki ako hehe and all collectors are male...good technique ma'm...

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I used to have a 3 credit cards; Citibank, HSBC, and BPI... but when my husband and I separated last 2008, I was not able to pay them... Total balance for the 3 would reach close to 100k...

 

I received lots of demand letters and collection calls. There are times wherein there are collection agents and even uniformed policemen who went to my apartment, but since I am working, they were not able to talk to me. However, my daughter told me that they were informed of the details of my debt... even told her that I might go to jail if I will not pay. My daughter (she was 9 y.o. then) cried and was so embarassed because even her playmates knew of my debts. Apparently, the collectors even spoke to my neighbors. They were able to get the cp number of my next door neighbor and would text her to ask if I am at home on particular days. There was even a time when my neighbor would forward to me the texts messages from the collectors. I managed to talk to one of lawyers (daw) from the collection agency. We had a deal. We met 3 times for sex, in exchange for the stopped collection letters and calls.

 

Fast forward... 5 years has passed. My daughter is already in high school.

 

I still live in the same address. I still work in the same office. The demand letters and collection calls has stopped already... except for one... Citibank. Maybe that one was not covered by my deal with the collection lawyer. I still receive demand letters from Citibank every other month. My outstanding balance now stands at P208k.

 

I don't know what to do with it. I am just hoping that they will grow weary and stop sending those letters.

 

huh? it only shows that the banks or your creditors are not interested in your debt, but the collectors.

sarap naman ni collector aka attorney, naka libre.....

you know what? if those banks will sue you, they have already sued you.

 

and by the way, the police officers who went to your house are doing something illegal..... hindi dapat sila ma involve sa utangan.

and the collectors, when they spread your debt to unauthorized people (including your neighbors) have also done something illegal. perhaps, kung ngayon nangyayari yan, you can sue them for a criminal case.

 

buti naman hindi bumabalik si collector aka attorney sa iyo dahil may citibank ka pa.

 

and you know why they stopped? its 5 years already... normally, full collection efforts are made within the first two years of default.

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