legal Free Legal Advice

[Dr_PepPeR]

tnx.

 

what happens when i file for the criminal case? how much does a lawyer cost? tnx again.

 

I assumed your objective was to compel payment. Most people will try to avoid a criminal case since this becomes a black mark on your character and would rather settle than have it reach the courts. Part of the penalty for the bouncing checks law was imprisonment but I heard that this isn't being done by the courts anymore. I have no idea how much a lawyer costs, it might depend on your agreement with him/her.

[ncd]

hello to mtc legal forum. more power to all of you guys :mtc:

[jopoc]

Deposit the checks that are due, let them bounce (returned to you stamped 'DAIF' or 'CLOSED ACCOUNT') and then file a criminal case for violation of BP 22.

 

If i may add lang po....

 

send a written demand letter, have the one who issued the check receive it (have her/him sign the receiving copy).

but it would be better if the lawyer would do that for you.

 

 

 

tnx.

 

what happens when i file for the criminal case? how much does a lawyer cost? tnx again.

 

normally, the case will be directly filed in court, then the one who issued will be subjected to arraignment.

what the judge does after arriagnment is to send it to mediation wherein you guys can find a solution to the problem.

 

 

I assumed your objective was to compel payment. Most people will try to avoid a criminal case since this becomes a black mark on your character and would rather settle than have it reach the courts. Part of the penalty for the bouncing checks law was imprisonment but I heard that this isn't being done by the courts anymore. I have no idea how much a lawyer costs, it might depend on your agreement with him/her.

 

usually, the jusge just penalizes the issuer with fine twice the amount of the check.

imprisonment is usually resorted if the accused becomes a habitual offender.

[jopoc]

Hi people.

Quick question.

A college friend of mine incurred a loan from a credit card

The company of the card company closed already for like.,... 8 years and there are various collection agencies going after him. However, my friend also transferred residence.

 

After a number of years, the collection agency filed a case of fraud and there was a warrant of arrest served. Cash bond was filed and arraignment was scheduled soon.

 

Since he transferred residence and he did not receive the notices for hearing, can an appeal or motion be made to defer arraignment and bring the case back to the fiscal for hearing?

 

Thanks in advance.

 

The basis pala of the fraud case was due to the change of address without providing a notice nor informing the credit agency. But since the bank closed, where can he file the notice?

 

 

the accused could ask for a reinvestigation on the ground that he was not been duly summoned in the Preliminary Investigation.

 

 

i believe that he should be receiving notices from court from now on since you said he already posted bail. a requirement in posting bail is to give your home address.

[booby_trap]

ok, i need help with a certiorari case.

 

basic facts:

x filed a civil case for reconveyance against y in the rtc. rtc ruled in favor of y and affirmed that the property in question was correctly titled in his favor. the decision was modified 3 times. the same was appealed to the CA and then elevated to the SC. SC dismissed it on pure technicality.

 

now, the SC issued an entry of judgment. decision is already final. y sought to execute it. (the execution would mean demanding x and all her privies to vacate the property plus demolition of all structures erected thereon, considering that x is in actual physical possession of the land). rtc issued a writ of demolition and sheriff gave a demand letter. the issuances were directed to x and her privies.

 

a, b, c, d and e are occupants of the subject premises. they were never impleaded in the civil case. they deny being privies to x. but the sheriff served them copies of the writ and the demand letter.

 

question: (1) can their properties be demolished? (though they were not made parties to the civil case and they deny their relationship with x. plus, they maintain that their occupancy was peaceful, uninterrupted...etc. they have been residing on the lot for approx. 15 years). (2) is there grave abuse of discretion on the part of the rtc when the assailed writ of demolition was issued and directed against them as well?

 

 

heeeeeeeeeelp please. i'm super confused. thanks

[Bloodraven]

Great day to our lawyer friends.

 

A little question I'd like to post.

 

I'm helping out a "friend" (lets not dwell any deeper into that-hehe) with thier finances. And took it upon myslef to help pay for thier utilities and housing.

 

Due to "difficulties", it has been rather difficult for me to move my funds to and throw.

 

vague backrounder there... anyway to the problem...

 

As per SOP whenever renting an apartment the standard 1 month advance and 2 month deposit rule applies. So fat chance that I managed to do without that. I was told this afternoon that the landlord approached them "claiming" that they were 3 months delayed. Truth of the matter is 1 month deposit was used about 3 months ago, and rent for this month has been delayed.

 

My questions are:

 

1. Doesn't the deposit cover for any delinquency in payment?

 

2. If the 3 month non-payment of rent grounds for eviction, are they just trying to push it? Rent is due every 8th of the month. I haven't payed for this month so that makes it a 1 month delay plus the 1 month deposit they used up a few months ago.

 

3. These people charge me 8k a month but gives me a 6k reciept (because thats the price stated on the contract), what can be done about that?

 

4. These people issue a bogus reciept, with bogus tax numbers...

 

Need to know what rights I can uphold here and how to tell them diplomatically if any housing laws are being broken here without having my "friend" kicked-out on her hinnies.

 

Much thanks compadres....

[MERCER]

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done? Do you know anybody who specializes in such and could get this done quickly? Thanks!

 

[sancho_panda]

patulong po.. may USB disk ako na 2Gigs, kaso napuno sya... ayaw mareformat... kapg itry ko i-open "pls insert disk on drive g:" lumalabas.. may magagawa pa po ba dito? thanks!

[vagabond]

I assumed your objective was to compel payment. Most people will try to avoid a criminal case since this becomes a black mark on your character and would rather settle than have it reach the courts. Part of the penalty for the bouncing checks law was imprisonment but I heard that this isn't being done by the courts anymore. I have no idea how much a lawyer costs, it might depend on your agreement with him/her.

 

 

If i may add lang po....

 

send a written demand letter, have the one who issued the check receive it (have her/him sign the receiving copy).

but it would be better if the lawyer would do that for you.

normally, the case will be directly filed in court, then the one who issued will be subjected to arraignment.

what the judge does after arriagnment is to send it to mediation wherein you guys can find a solution to the problem.

usually, the jusge just penalizes the issuer with fine twice the amount of the check.

imprisonment is usually resorted if the accused becomes a habitual offender.

tnx to both of you... are you guys interested if i take it to court? if not do you have anyone you can recommend? i'm also looking for a lawyer near my area (alabang, las pinas, p'que)...

 

also what is my recourse if the one who owes me money "disappear?"

[oliverjohnholmes]

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done? Do you know anybody who specializes in such and could get this done quickly? Thanks!

 

 

you may have a problem with this... as far as i know this cannot be done...

 

legal separation means that the union (or the marriage) is still valid and binding, and the only effect on the said conjugal partnership is separation physically and the dissolution of property relations between spouses... thus all rights from the fruits of the union is vested and cannot be simply changed without running afoul of other legalities...

 

a quick question, since the question stated that the child's surname be "changed back" to the mother's maiden name i surmise that the marriage came after the birth of the child? once vested with the name (by the subsequent marriage and the whole process of changing the surname) it would be quite a feat to have it reverted, unless without use of extra-legal means...

 

just my two cents...

 

[makaww]

Hi. I'm buying a condominium unit but I want the title under my child's name who is minor. Is this possible and how should I proceed about it? Thanks.

[disk_4_sale2]

Hi guys,

 

i'm planning to buy a second hand car, ung sa titingin ng makina wala ng problem. pero ang problem na lang is ung registration, paano ba ang steps para mapa register ko yung car sa pangalan ko? ano kailangan documents ang hingin ko from the previous owner?

 

meron akong nakitang car kaso parang may problem sa registration eto scenario

 

1. 3rd owner na ako kung bibilihin ko yung car

2. ung 1st owner and 2nd owner may deed of sale sila

3. sa LTO ang registered owner pa rin ay yung 1st owner, ung 2nd owner nde na niya napa transfer pa sa pangalan niya yung car

4. kailangan pa renew registration ng car

 

question ko is.

 

1. ano procedure gagawin ko?

2. magulo ba eto dahil nasa 1st owner pa yung registrations sa LTO? magkaka problem ba ako kapag pina transfer ko sa name ko?

3. should I advise the 2nd owner na ipa transfer na muna niya sa pangalan niya sa LTO? is this necessary pa? or pde na niya pa transfer sa name ko?

 

please advise..

 

would appreciate any assistance from you guys.. thanks

[dictum]

Hi. I'm buying a condominium unit but I want the title under my child's name who is minor. Is this possible and how should I proceed about it? Thanks.

 

Hi. You can buy the property and sign the documents in behalf of your minor child. As her parent, you are considered as the guardian of the minor child. However, the seller of the condominium would probably require that you secure a formal appointment in court as the legal guardian of the minor as well as an approval for the acquisition of the condo.

 

I recently handled a similar case where our VP acquired a condo to be registered under the name of her minor child. The Developer as well as the Bank who financed the acquisition, required for a formal court order appointing her as legal guardian and court approval for the acquisition of the condo.

 

So, you might be forced to file a petition for guardianship before the RTC.

 

Hope this helps.

[fauxhead]

An action for reconveyance is merely quasi in rem. While it involves real property, it does not automatically make the case in rem. Thus, it only binds the parties to the case.

 

It follows then that A, B, C, D and E should not be prejudiced by the decision. While X may be the owner of the land, a long list of SC decisions have held the right of a possessor even against the claims of an owner.

 

ok, i need help with a certiorari case.

 

basic facts:

x filed a civil case for reconveyance against y in the rtc. rtc ruled in favor of y and affirmed that the property in question was correctly titled in his favor. the decision was modified 3 times. the same was appealed to the CA and then elevated to the SC. SC dismissed it on pure technicality.

 

now, the SC issued an entry of judgment. decision is already final. y sought to execute it. (the execution would mean demanding x and all her privies to vacate the property plus demolition of all structures erected thereon, considering that x is in actual physical possession of the land). rtc issued a writ of demolition and sheriff gave a demand letter. the issuances were directed to x and her privies.

 

a, b, c, d and e are occupants of the subject premises. they were never impleaded in the civil case. they deny being privies to x. but the sheriff served them copies of the writ and the demand letter.

 

question: (1) can their properties be demolished? (though they were not made parties to the civil case and they deny their relationship with x. plus, they maintain that their occupancy was peaceful, uninterrupted...etc. they have been residing on the lot for approx. 15 years). (2) is there grave abuse of discretion on the part of the rtc when the assailed writ of demolition was issued and directed against them as well?

heeeeeeeeeelp please. i'm super confused. thanks

[bonito99]

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done?

 

**** As long as she's legally married, despite the separation, NO, She can not.*****

 

 

 

Thanks!

 

Edited April 28, 2007 by bonito99