legal Free Legal Advice

[Junior]

Re: Bad debt.

 

Sir,

 

Trading company po kami. Ano po ba ang proper procedure sa pag collect ng overdue account from our client? Should I write them a demand letter or what? If so,

how do I write one? How about kung nag babayad po ng hulog-hulogan, but that was not the agreed terms, can I also write them a demand letter? What shall I do

with all these bad debts. Kindly advise.

[nareh]

May laban b?

Nag finance kmi ng kotse from binatak na kotse sa bangko worth 330k w/ a help sa na2g buy n' sell na cousin, sabi nya para madali daw mebnta yung kotse i pangalan sa kanya para on the spot agad ang bayaran sa client.

after ng mga 3 months bigla nlang nawala yung kotse then we learn na sinangla nya yung kotse, then pinapi2rmahan nmin yung deeds of sale na ilagay sa name nmin kaso nagata2go at mukang wala plano pumirma..

we also learn na may previous sya kaso na medyo related sa kaso nmin

 

may laban b kmi para mkuha yung car,bty nasa barangay nyung kaso at di nya nman tinanggi na sinangla nya.

ano ba procedure sa pagsampa ng kaso at magkano kaya aabuutin kasi 1st time nmin mag fi2le?

[mlpf]

May laban b?

Nag finance kmi ng kotse from binatak na kotse sa bangko worth 330k w/ a help sa na2g buy n' sell na cousin, sabi nya para madali daw mebnta yung kotse i pangalan sa kanya para on the spot agad ang bayaran sa client.

after ng mga 3 months bigla nlang nawala yung kotse then we learn na sinangla nya yung kotse, then pinapi2rmahan nmin yung deeds of sale na ilagay sa name nmin kaso nagata2go at mukang wala plano pumirma..

we also learn na may previous sya kaso na medyo related sa kaso nmin

 

may laban b kmi para mkuha yung car,bty nasa barangay nyung kaso at di nya nman tinanggi na sinangla nya.

ano ba procedure sa pagsampa ng kaso at magkano kaya aabuutin kasi 1st time nmin mag fi2le?

 

Do you have any written agreement or receipt to show that you are the real owner of the car? If you have proof, I suggest you file a criminal case for Estafa as leverage. To get the car back, I suggest a civil suit for Replevin. To file a criminal complaint for Estafa, have your lawyer draft an affidavit complaint for filing at the Fiscal's Office. To file a civil complaint for Replevin, have your lawyer draft the complaint for filing in court.

[nareh]

unfortunately wala written aggreement puro verbal lang, ever since sya nag asikaso ng papers kasi yung nman bisnis nila, yung salaysay kaya sa baranggay pwede gamitin?, inamin nman nya kami may ari at sinangla nya

[mlpf]

unfortunately wala written aggreement puro verbal lang, ever since sya nag asikaso ng papers kasi yung nman bisnis nila, yung salaysay kaya sa baranggay pwede gamitin?, inamin nman nya kami may ari at sinangla nya

 

If he admits it before the Barangay and signs the minutes of the hearing, then you can use it. Good luck.

[Pinoymale]

thanks, master.

i guess what pisses me off with this practice

is that it smacks of profiling (parang sa Arizona ).

 

i don't see them doing it sa mga naka-posturera na shoppers

pero sa mga naka-pambahay lang na nagsa-shop sa kanila, eh,

may discrimination sila.

 

Hehe, I know how that feels. Sometimes I do my shopping in t-shirts, shorts, and sandals. About 1 out of 5 times, I get checked for my receipts. Actually, I don't mind since I know they're just doing their job, but you're right, I don't see guards doing that with "dressed up" customers.

[Pinoymale]

Re: Bad debt.

 

Sir,

 

Trading company po kami. Ano po ba ang proper procedure sa pag collect ng overdue account from our client? Should I write them a demand letter or what? If so,

how do I write one? How about kung nag babayad po ng hulog-hulogan, but that was not the agreed terms, can I also write them a demand letter? What shall I do

with all these bad debts. Kindly advise.

 

You should write a demand letter unless your contract states that no demand letter is needed. If your client is paying in installments and it's not the agreed terms (and you're not ok with it) then I suggest you refuse to accept the installments and demand compliance with the terms. Depending on your contract, acceptance of partial payments could be used as a defense against you if ever you file a collection suit.

[Silent Partner]

Tanong lang po mga Lawyers

 

before i left to work abroad nag open pa kami ng gf ko ng

joint bank account (LANDBANK)pag sahod dun napupunta sa account na iyon

ang pera ko ng magkalabuan kami ayaw po nya ibalik ang passbook.

 

will the bank allow me to withdraw my money or at least certain

amount with out the passbook ? with the proper credentials naman po

 

ano po ba dapat kung gawin

 

thanking you in advance

 

silent P.

[Pinoymale]

Tanong lang po mga Lawyers

 

before i left to work abroad nag open pa kami ng gf ko ng

joint bank account (LANDBANK)pag sahod dun napupunta sa account na iyon

ang pera ko ng magkalabuan kami ayaw po nya ibalik ang passbook.

 

will the bank allow me to withdraw my money or at least certain

amount with out the passbook ? with the proper credentials naman po

 

ano po ba dapat kung gawin

 

thanking you in advance

 

silent P.

 

Check the account opening form you filled up when you opened your account. There may be a provision there on what to do when there is conflict between co-depositors. You may also call the branch and explain your situation. Each bank has its own internal policy and it's best to get the answer straight from your bank.

 

Word of advice: If it's a joint OR account, she can withdraw without you since she has a passbook unless the bank accepts requests to prevent a co-depositor from withdrawing.

Edited May 28, 2010 by Pinoymale

[Silent Partner]

Check the account opening form you filled up when you opened your account. There may be a provision there on what to do when there is conflict between co-depositors. You may also call the branch and explain your situation. Each bank has its own internal policy and it's best to get the answer straight from your bank.

 

Word of advice: If it's a joint OR account, she can withdraw without you since she has a passbook unless the bank accepts requests to prevent a co-depositor from withdrawing.

 

Bossing

 

Many thanks po sa advice, sad to say na withdraw na po iyung big amount

may natira pa naman pong $200 i will try to withdraw or freeze na lang po

this amount.

 

thanks again

 

S.P.

[ctc]

i have a court case. Arraignment, pre trial is already concluded wherein the complainant NEVER showed up.

 

On the last pre trial schedule, PAW lawyer of complainant just told the judge the complainant was not able to receive the subpoena because it was send to the wrong address. Hence the judge ordered the subpoena be resend to the new address. Thing is...now I receive a notice that the pre trial is concluded and next scheduled hearing will be presentation of witnesses. Is that possible, with the complainant never attending? When can I request for the case be dismissed?

 

I never had a lawyer during arraignment to the pre trial period. meron ako nun nasa fiscal level pa lang.

[mlpf]

i have a court case. Arraignment, pre trial is already concluded wherein the complainant NEVER showed up.

 

On the last pre trial schedule, PAW lawyer of complainant just told the judge the complainant was not able to receive the subpoena because it was send to the wrong address. Hence the judge ordered the subpoena be resend to the new address. Thing is...now I receive a notice that the pre trial is concluded and next scheduled hearing will be presentation of witnesses. Is that possible, with the complainant never attending? When can I request for the case be dismissed?

 

I never had a lawyer during arraignment to the pre trial period. meron ako nun nasa fiscal level pa lang.

 

I suggest you take a look at the latest court order. What was the reason given by the court for terminating the pre-trial. Was it due to the non-appearance of the complainant? Now, if the complainant fails to appear during the trial for presentation of witnesses, have your lawyer ask for dismissal. It will depend on the judge if he will allow the dismissal of the case only after 1 hearing for trial. Some judges require 3 straight hearings where the complainant fails to appear. Now, the complainant is represented by the Fiscal and/or a private prosecutor. As the accused, you may obtain the services of a private lawyer to represent you. If you cannot afford a private lawyer, you can ask the court to appoint a lawyer from the Public Attorney's Office (PAO) to represent you.

 

It is impossible for you to have not had a lawyer from the arraignment onwards. Please check the court orders. If you appeared in court without a lawyer, the court would have appointed a PAO lawyer to represent you.

Edited May 28, 2010 by mlpf

[jopoc]

i have a court case. Arraignment, pre trial is already concluded wherein the complainant NEVER showed up.

 

On the last pre trial schedule, PAW lawyer of complainant just told the judge the complainant was not able to receive the subpoena because it was send to the wrong address. Hence the judge ordered the subpoena be resend to the new address. Thing is...now I receive a notice that the pre trial is concluded and next scheduled hearing will be presentation of witnesses. Is that possible, with the complainant never attending? When can I request for the case be dismissed?

 

I never had a lawyer during arraignment to the pre trial period. meron ako nun nasa fiscal level pa lang.

 

 

1. how come you were arraigned without being represented by a lawyer?

2. how come a PAO (not PAW) represents the complainant? PAOs represent the accused if they cannot afford one, on the other side, the fiscal will represent the complainant if they do not have a counsel to act as private prosecutor.

 

are you really sure of what you are saying?

Edited May 29, 2010 by jopoc

[ctc]

1. how come you were arraigned without being represented by a lawyer?

2. how come a PAO (not PAW) represents the complainant? PAOs represent the accused if they cannot afford one, on the other side, the fiscal will represent the complainant if they do not have a counsel to act as private prosecutor.

 

are you really sure of what you are saying?

 

during the arraignment and pre trial, I did not have any lawyer. It was a PAO lawyer who temporarily represented me but they are not exactly representing me. I attended hearings without any lawyer with me because I knew the complainant will not appear as the case is a harassment case (to get even, or money) wherein she knew she will not win.

 

During every hearing there were PAO lawyers there, they are the ones whom the judge asked to represent me (since I dont have any lawyer yet) at those moments up to the last pre trial. There were 2 PAO lawyers every hearing. Am not sure who they are representing. And everytime I went to attend the hearing, the complainant never showed up. The complainant only showed up during at the fiscal level and she had the PAO behind her while I engaged a lawyer during the fiscal hearing.

 

I have talked to some other lawyers before (during pre-trial)wherein they said, if the complainant never appeared in any of the pre trial, the case can be dismissed. But on the last hearing, the complainant send someone to tell the PAO lawyer that she had changed address and never got the subpoena. So the judge ordered that the subpoena be sent to the correct address. So I was greatly surprised the latest notice is for presentation of witnesses.

 

Is it possible to terminate a pre trial without the complainant appearing and moving it up to presentation of witnesses?

I am just wondering, when can this case be dismissed?

Can the PAO lawyer present witnesses without the complainant appearing?

[ctc]

I suggest you take a look at the latest court order. What was the reason given by the court for terminating the pre-trial. Was it due to the non-appearance of the complainant? Now, if the complainant fails to appear during the trial for presentation of witnesses, have your lawyer ask for dismissal. It will depend on the judge if he will allow the dismissal of the case only after 1 hearing for trial. Some judges require 3 straight hearings where the complainant fails to appear. Now, the complainant is represented by the Fiscal and/or a private prosecutor. As the accused, you may obtain the services of a private lawyer to represent you. If you cannot afford a private lawyer, you can ask the court to appoint a lawyer from the Public Attorney's Office (PAO) to represent you.

 

It is impossible for you to have not had a lawyer from the arraignment onwards. Please check the court orders. If you appeared in court without a lawyer, the court would have appointed a PAO lawyer to represent you.

 

 

actually I did have a lawyer during at the fiscal level while the complainant used a PAO lawyer. And during the arraignemnt and pre trial, a PAO lawyer was assigned to me but I didnt ask for his services. So everytime I attended the hearing I dont have a lawyer with me but it was then appointed to me during the hearing (sorry for not mentioning it before).

 

So when the judge schedules another hearing I just took note of the date but dont know what is really happening as the PAO is not really representing me at that moment but what just appointed, so maybe he doesnt care whatever happens to me and does not give me any advice. (sorry, kulang kasi budget to hire a lawyer)

 

Sabi kasi sa notice is that the lawyers of both sides (and both are PAO) has agreed to terminate the pre trial, eh never nag appear ang complainant!

[alteclansing]

Questions lang mga sir

 

I am a regular employee of one of the biggest call centers in the country today. Late last week the company decided to put at least 55 agents all of regular employment status on forced leave for a month. This would have been acceptable since we are all aware that the sites gross margin is really down due to lack of calls coming in. The problem is, we just found out that a new batch of agents are set to be trained for next week. I mean why hire more people if they do not have the money to keep the current staff. Anyway they used our performance as a basis for who will be placed on forced leave when there are people who are performers who had been placed on leave as well. Our bosses are starting to resign because of this its upper management that has been running the show.

 

My question is as a regular employee is it legal to be placed on forced leave due to performance? What legal remedies could I avail of to correct the situation? Or do I have any? Thanks in advance sirs.

[mlpf]

actually I did have a lawyer during at the fiscal level while the complainant used a PAO lawyer. And during the arraignemnt and pre trial, a PAO lawyer was assigned to me but I didnt ask for his services. So everytime I attended the hearing I dont have a lawyer with me but it was then appointed to me during the hearing (sorry for not mentioning it before).

 

So when the judge schedules another hearing I just took note of the date but dont know what is really happening as the PAO is not really representing me at that moment but what just appointed, so maybe he doesnt care whatever happens to me and does not give me any advice. (sorry, kulang kasi budget to hire a lawyer)

 

Sabi kasi sa notice is that the lawyers of both sides (and both are PAO) has agreed to terminate the pre trial, eh never nag appear ang complainant!

 

The lawyer of the prosecution is the Fiscal. Since you did not have a lawyer with you, the judge tapped the PAO lawyer to represent you. Since the complainant failed to appear, it is normal to terminate the pre-trial. I suggest you go to the office of the PAO lawyer and confer with him regarding your case. PAO lawyers are loaded with cases. If the complainant fails to appear during the trial, then the PAO lawyer can move for dismissal.

Edited May 31, 2010 by mlpf

[ctc]

The lawyer of the prosecution is the Fiscal. Since you did not have a lawyer with you, the judge tapped the PAO lawyer to represent you. Since the complainant failed to appear, it is normal to terminate the pre-trial. I suggest you go to the office of the PAO lawyer and confer with him regarding your case. PAO lawyers are loaded with cases. If the complainant fails to appear during the trial, then the PAO lawyer can move for dismissal.

 

thank you very much for the advice.

[code]

anyone can i ask for an advise regarding sa case sa baby ko. kasi nasunog ang paa ng baby noong 1day after sya pinanganak sa perpetual hospital sa las pinas. we filed case against sa hospital and sa mga nurses and doctors na involve kasi nung time na nasunog ang paa ng baby nasa NICU pa sya under observation siya that time dahil nagsuka ang baby ni hindi nla alam ang reason. within 24hours ng silipin namin ang baby nagulat na lng kami ng misis ko itim na itim ang paa ng baby. and they told us na alergy lng daw. pero unang tingin pa lng po sunog talaga ang paa ng baby.ano po sa tingin nyo ang dapat na ifile namin na case? winnable po ba ang case? http://mypixelspace.net/imgs/img01/wiwV3UJpBA.jpg' alt='wiwV3UJpBA.jpg'>

[Arneeious]

Hi,

 

My sister hired a yaya to take care of her 2-year old baby. Yesterday, her neighbor called her because the neighbor heard the baby crying for about an hour. When my sister came home, she found her baby crawling on the floor. She couldn't find the yaya anywhere and all the yaya's stuff were gone. Apparently the yaya ran away and left the child alone in the house. Good thing the neighbor heard her cry.

 

Is there a specific criminal complaint my sister can file against the yaya? It just makes us so angry that she would leave a defenseless baby alone inside the house.

[Pinoymale]

If you already have your baby with you, have her checked by a doctor in another reputable hospital. If the doctor confirms that her feet were burned then you can file a criminal and civil case against the hospital for physical injuries. The important thing is that it is proven that the cause of the burns occurred while your baby was in the custody and care of the hospital.

 

anyone can i ask for an advise regarding sa case sa baby ko. kasi nasunog ang paa ng baby noong 1day after sya pinanganak sa perpetual hospital sa las pinas. we filed case against sa hospital and sa mga nurses and doctors na involve kasi nung time na nasunog ang paa ng baby nasa NICU pa sya under observation siya that time dahil nagsuka ang baby ni hindi nla alam ang reason. within 24hours ng silipin namin ang baby nagulat na lng kami ng misis ko itim na itim ang paa ng baby. and they told us na alergy lng daw. pero unang tingin pa lng po sunog talaga ang paa ng baby.ano po sa tingin nyo ang dapat na ifile namin na case? winnable po ba ang case? http://mypixelspace.net/imgs/img01/wiwV3UJpBA.jpg' alt='wiwV3UJpBA.jpg'>

[mlpf]

Hi,

 

My sister hired a yaya to take care of her 2-year old baby. Yesterday, her neighbor called her because the neighbor heard the baby crying for about an hour. When my sister came home, she found her baby crawling on the floor. She couldn't find the yaya anywhere and all the yaya's stuff were gone. Apparently the yaya ran away and left the child alone in the house. Good thing the neighbor heard her cry.

 

Is there a specific criminal complaint my sister can file against the yaya? It just makes us so angry that she would leave a defenseless baby alone inside the house.

 

Article 276 Revised Penal Code for Abandoning a Minor. She can also file a case for child abuse or Violation of Republic Act No. 7610.

Edited June 8, 2010 by mlpf

[code]

If you already have your baby with you, have her checked by a doctor in another reputable hospital. If the doctor confirms that her feet were burned then you can file a criminal and civil case against the hospital for physical injuries. The important thing is that it is proven that the cause of the burns occurred while your baby was in the custody and care of the hospital.

 

 

 

yes we have already filed a criminal case against them. and we have the evidences to prove that the feet of our baby was burned under their care and custody. sir if we have everything to prove to the court that they are negligible to their actions is there any possible way that the case would win or dismiss? bcoz for now the big problem is in our lawyer we dont have trust to our lawyer. coz every time there will be a scheduled hearing our lawyer always said it was postpone... is it right? or he is after only for the payment?

[code]

sir mlpf, do you know some lawyer(manila based) who can help us whom we can trust?

[Pinoymale]

yes we have already filed a criminal case against them. and we have the evidences to prove that the feet of our baby was burned under their care and custody. sir if we have everything to prove to the court that they are negligible to their actions is there any possible way that the case would win or dismiss? bcoz for now the big problem is in our lawyer we dont have trust to our lawyer. coz every time there will be a scheduled hearing our lawyer always said it was postpone... is it right? or he is after only for the payment?

 

Unfortunately, cases are not always won on merits alone. There are other factors that come into play and not all are legal. At any rate, if you are not happy with your lawyer you are always free to hire another lawyer to handle your case. You may personally check the court records to find out the reasons for the postponement. I know from personal experience that hearings may be postponed for several reasons: absent judge, lack of time, absent opposing counsel, etc. Btw, who is the judge handling your case?