legal Free Legal Advice

[september17]

to ms. TINA, butsoy and those concern people who PM me,

 

i posted a forum before, dated october 16, 2005 and my forum ID was 'j_lo19' (i was pregnant that time, alone, jobless, and harrassed/threatened by the collection agencies) i want to thank you all for the helpful tips/advices. if it wasnt for these people maybe im still miserable,and helpless. anyways, i was able to work somewhere in north america and was able to re-gain my finances, and i have my baby with me (now he is 20 month old), and i was paying my debt slowly (i've payed 2 out of 4 credit cards already.) to those people who are also trapped with the credit card debt...always remember wag tayo uutang ng di natin kaya bayaran and one credit card i think is enough, wag na tayong mag-apply ng iba pang credit card coz in the end we will be trapped on paying the interest rate, annual fees and all that. this is really a big lesson to me, now i have to re-establish my credit record and for sure mahihirapan ako coz i have a bad record on the credit bureau, most specially in north america where credit rating is so essential(when you need to buy a house or a car). im here for a year already and i know it will take years again for me to establish my credit rating even if i pay all of my debts. again, for those people...thank you...most especially MS. TINA whom i was able to talk on the phone and help me a lot. this is my opportunity guys to thank you. god bless you all.

 

 

P.S.: ms. tina, if ever you read my post kindly PM me please...i lost your contact details...thanks!

[Pinoymale]

For lawyers who are experienced/knowledgeable about property transactions, I hope you can give some advice:

 

My mother is being offered a property owned by a husband and wife. It is the wife who is offering the property since her husband has recently passed away. The couple's four children are also willing to sell their share of the property to my mother. Will there be a problem with the wife and her children selling the property since the property is still under the name of the husband and wife and has not yet been divided among the wife and children?

[linux_distro]

For lawyers who are experienced/knowledgeable about property transactions, I hope you can give some advice:

 

My mother is being offered a property owned by a husband and wife. It is the wife who is offering the property since her husband has recently passed away. The couple's four children are also willing to sell their share of the property to my mother. Will there be a problem with the wife and her children selling the property since the property is still under the name of the husband and wife and has not yet been divided among the wife and children?

 

Technically, upon the death of the husband, the wife and the children become the owner of the property. However, the law/rules require formalities to protect the creditors of the husband - so that his debts will be paid first before the property goes to the wife/kids.

Usually the wife and her children execute an Extrajudicial Settlement adjudicating to themselves that property, after which or simultaneous with it, they can sell the property to your mother.

Creditors are given 2 years from the Extrajducial Settlement and its recording, to go after the property.

If your mother buys the property without the settlement, a creditor can go after the property for so long as the law (prescription) allows.

But even if there is settlement, your mother buys the property, a creditor can go after the property only within 2 years from the recording of the settlement.

One thing more: the property is presumed conjugal is 50% owned by the husband and 50% by the wife. The wife can freely sell his 50%; that 50% of the husband is the subject of the settlement.

 

Hope this helps.

[webmaster_ph]

Follow up question and clarification lang. They can't DO anything until the case is filed and HEARD di ba. Until then I can still access my accounts and payroll?

What if after Summoned, hindi nagpakita sa court hearing what would be the automatic outcome?

can you please expound on the term Garnishment?

Thanks

 

what's the simple answer to this question?

 

would the complainant be able to seize his assets?

 

what if the compute value of the assets cannot cover his debt?

[webmaster_ph]

i think the argument was because of human rights. it was because, they can't hold you back on your dreams just because of a contract, which, the company doesn't have a right too. hinire ka ng company based on the skills you have, tapos kung ipapatrain ka pa nila, then it is their gamble na. naghire sana sila yung meyron ng skills na yun. so parang, ang contract, is formality, or to scare the witts out of those who doesn't know about his/her rights. it also happened in one big company, where a newly grad was hired, sent to the US for six months for training, then when he came back, he resigned immediately. nagcourt pa yun. in the end, talo ang company. :cool:

 

is it possible for the company to seize your assets just so to cover the training expenses and bond clause?

[Pinoymale]

Technically, upon the death of the husband, the wife and the children become the owner of the property. However, the law/rules require formalities to protect the creditors of the husband - so that his debts will be paid first before the property goes to the wife/kids.

Usually the wife and her children execute an Extrajudicial Settlement adjudicating to themselves that property, after which or simultaneous with it, they can sell the property to your mother.

Creditors are given 2 years from the Extrajducial Settlement and its recording, to go after the property.

If your mother buys the property without the settlement, a creditor can go after the property for so long as the law (prescription) allows.

But even if there is settlement, your mother buys the property, a creditor can go after the property only within 2 years from the recording of the settlement.

One thing more: the property is presumed conjugal is 50% owned by the husband and 50% by the wife. The wife can freely sell his 50%; that 50% of the husband is the subject of the settlement.

 

Hope this helps.

 

Thank you for the helpful info. We were thinking of having the wife and children sign a document saying that they are selling the property and in case my mother experiences problems from the contract, like someone else trying to claim rights over the property, they will hold themselves liable for that. The problem of course is that they can easily avoid their responsibilities by simply moving to a new and undisclosed residence where we can't find them in case there is a problem.

[bonito99]

Follow up question and clarification lang. They can't DO anything until the case is filed and HEARD di ba. Until then I can still access my accounts and payroll?What if after Summoned, hindi nagpakita sa court hearing what would be the automatic outcome?can you please expound on the term Garnishment?Thanks

Until there is no summons (the court asks you to answerthe civil complaint filed against you) , nothing will happen to you or your account.if you absent yourself despite being notified, you can be declared in default.but that's jumping the gun.

Thank you for the helpful info. We were thinking of having the wife and children sign a document saying that they are selling the property and in case my mother experiences problems from the contract, like someone else trying to claim rights over the property, they will hold themselves liable for that. The problem of course is that they can easily avoid their responsibilities by simply moving to a new and undisclosed residence where we can't find them in case there is a problem.

wait for them to transfer the title to their names. less costs for you.

[webmaster_ph]

Until there is no summons (the court asks you to answer the civil complaint filed against you) , nothing will happen to you or your account.if you absent yourself despite being notified, you can be declared in default.but that's jumping the gun.

 

ok then if in default what may possibly happen? can they seize your assets?

 

what's the most pessimist scenario?

 

if these training bonds are useless why do companies enforce it? useless on the point that the complainant will lose anyway.

 

tia.

[bonito99]

ok then if in default what may possibly happen? can they seize your assets?

 

what's the most pessimist scenario?

 

if these training bonds are useless why do companies enforce it? useless on the point that the complainant will lose anyway.

 

tia.

 

They can attach your assets thru a preliminary writ of attachment, under certain circumstances. That is, if they apply for one.

 

In case of default the court will decide, relying only on the plaintiff's (the complainant) evidence. You (defendant) can not participate in the proceedings.

 

 

They're just Scarecrow tactics.

Edited September 19, 2007 by bonito99

[webmaster_ph]

thanks counsellor bonito99.

 

one last question:

 

in your experience, what are the odds that they're just bluffing?

[bonito99]

depends on the amount.

 

No one can be imprisoned for non-payment of debt.

 

Plus, One sided contracts are invalid

[bonito99]

just consider the costs of filing a case and compare the amount to be collected

[webmaster_ph]

lolz...that's very true.

 

referring to a previous post: nobody has a right to stop you from seeking better opportunities.

[bonito99]

right against involuntary servitude... unless they spent for your training... they can file for damages

[NightWingX]

How much will cost to hire a lawyer for collecting bouncing checks?