mlpf Posted February 27, 2009 Share Posted February 27, 2009 Sir ask ko lang po. lasi may kaibigan ako na kaksuhan daw ng isang credit card company, my friend is willing to pay pero yun binabayad ng friend ko ayaw tanggapin dahil maliit lang. ang gusto is bayaran yun full amount whci is 100k plus or monthly na 10k, di kaya bayaran ng friend ko. then the legal office send a leeter to my friend na kakasuhan daw ng republic act 8484, pede po ba yun? then may criminal liability ba yun friends ko dahil sa hindi pagbayad ng card? nakikicooperate naman friend ko kasi ayaw pagbigayan request niya. walang wala kasi yun friend ko and he cannot afford to have a lawyer. anu po ba magandang advice? thanks po. Have your friend get a lawyer from the PAO or the IBP Legal Aid Office. The law firm is misrepresenting what RA 8484 says. The law punishes the obtaining and/or use of credit cards through fraud and/or deceit. It also punishes the tampering and counterfeiting of credit cards. The mere fact that your friend is unable to pay does not make him liable for credit card fraud. His liability is merely civil in character. Quote Link to comment
meet_joeblack Posted February 27, 2009 Share Posted February 27, 2009 Have your friend get a lawyer from the PAO or the IBP Legal Aid Office. The law firm is misrepresenting what RA 8484 says. The law punishes the obtaining and/or use of credit cards through fraud and/or deceit. It also punishes the tampering and counterfeiting of credit cards. The mere fact that your friend is unable to pay does not make him liable for credit card fraud. His liability is merely civil in character. Thank you sir sa reply, i will tell my friend about it. Then ask ko rin po pede rin ba siya makasuhan ng criminal case? Saka yun pagbayad niya ng amount , let say the bank requires him to pay 10,000 monthly pero kaya lang niya 3k or 1k basta makabayad sya kasi may other expense din sya, pede ba siya kasuhan ng ganun? tnx po sir. Quote Link to comment
mlpf Posted February 28, 2009 Share Posted February 28, 2009 (edited) Thank you sir sa reply, i will tell my friend about it. Then ask ko rin po pede rin ba siya makasuhan ng criminal case? Saka yun pagbayad niya ng amount , let say the bank requires him to pay 10,000 monthly pero kaya lang niya 3k or 1k basta makabayad sya kasi may other expense din sya, pede ba siya kasuhan ng ganun? tnx po sir. The bank can try and file a criminal case at the Fiscal's office for leverage. However, I doubt if the complaint for RA 8484 will pass. The more likely scenario is that the bank will sue your friend for collection of money. This is only a civil case. One last thing, the Supreme Court is now requiring all lawyers to render free legal service. However, the implementing guidelines are still being formulated by the IBP. For now, please advise your friend to go to either the PAO or the IBP Legal Aid Office. Edited February 28, 2009 by mlpf Quote Link to comment
Pittman Posted March 2, 2009 Share Posted March 2, 2009 True, these collecting agencies are using RA 8484 as a means to threaten people to pay their credit card obligations when actually, and most often than not, their liability is only civil in nature. Quote Link to comment
Dr_PepPeR Posted March 3, 2009 Share Posted March 3, 2009 One last thing, the Supreme Court is now requiring all lawyers to render free legal service. However, the implementing guidelines are still being formulated by the IBP. For now, please advise your friend to go to either the PAO or the IBP Legal Aid Office. The Supreme Court's version of Community Service. For non-practicing lawyers (i.e. those who are employed by companies) they can pay P20,000.00 to fund the free legal service activities. First it was the MCLE, and now this is the latest fund-raising activity. Quote Link to comment
Google Posted March 3, 2009 Share Posted March 3, 2009 good afternoon po. i would like to seek advice about training bond. i have been working for a year in this company as a programmer. when i was employed, i was asked to sign a training bond worth almost 100k. they have promised (verbally) a certification training but all i had is an in house training. now i was offered a good position in a large company but i cant pay the bond here. please give me some idea on how legal are training bonds. imho... pay the cost of the in-house training... yun lang naman ang ginastos nila eh. pero seriously, unenforcable yan. Quote Link to comment
b_9904 Posted March 3, 2009 Share Posted March 3, 2009 A certain Law Firm is sending me letters saying that if I don't settle my balance with an ISP company, they will post my name on Newspapers like Manila Bulletin, Manila Star and Philippine Daily Inquirer. Is this True?Can they Do this? My balance with that company is a little over P3000. The reason why I am not paying the company is because at the time that I was still using their service, it was either slow or no connection at all and it went on for 2 and a half months. dont worry about it... pag hinabol ka may defense ka naman ah. also, 3k!!! sus me!!! utang ko sa sky cable is like 10k wala silang magawa kasi pinapaputol ko na yung service ayaw nilang putulin no matter how many times i call them. then ng pinutol na sabi nila may utang daw ako. minura ko yung collecting agent telling them my side. its been a year na since, la naman silang action na finile. realistically, kung idemanda nila ako mas malaki pa sa 10k ang gagastosin nila. in your case may karapatan kang wag mag bayad since breach of contract din sila for providing super crappy service. Quote Link to comment
MODERATOR bonito99 Posted March 4, 2009 MODERATOR Share Posted March 4, 2009 The moment the law firm does something like that, file a case against them for disbarment for harming your reputation through unnecessary publicity as well as a criminal case for Libel. What law firm would do that? Quote Link to comment
Exomaran Posted March 6, 2009 Share Posted March 6, 2009 (edited) Mga sir paadvice fin po ako related sa credit card case - yung pinsan ko po kasi, umuwi galing abroad dahil natanggal sa trabaho. Problema e hinahabol siya ngayon ng cerdit card company from that country na bayaran niya daw yung amount na balance sa card niya. Ang pinsan ko naman, walang pang source of income ngayon, at nakikinegotiate daw sya sa banko na isuspend muna ang payments hanggang makahanap siya ng trabaho. Ang balance is around 200k pesos. Hindi pumapayag ang bank, at nagthraten na to file a criminal case against him and ban him from immigration dito. Tama po ba na gawin ng overseas bank yun at kaya ba nilang gawin yun? Ano po ba ang magandang gawin dito? (yung bank po ay may local counterpart) Edited March 6, 2009 by Exomaran Quote Link to comment
jun777 Posted March 6, 2009 Share Posted March 6, 2009 hello,how do you get a copy of a Notarized Document?I have a Deed of Sale notarized by Atty. xx xx in 1997 City of Manila Doc .No xx Page xx How do I get a copy from Atty. xx xx?Is there a central database of addresses for lawyers somewhere? Can I get a copy from him/her? Thanks Quote Link to comment
mlpf Posted March 6, 2009 Share Posted March 6, 2009 Mga sir paadvice fin po ako related sa credit card case - yung pinsan ko po kasi, umuwi galing abroad dahil natanggal sa trabaho. Problema e hinahabol siya ngayon ng cerdit card company from that country na bayaran niya daw yung amount na balance sa card niya. Ang pinsan ko naman, walang pang source of income ngayon, at nakikinegotiate daw sya sa banko na isuspend muna ang payments hanggang makahanap siya ng trabaho. Ang balance is around 200k pesos. Hindi pumapayag ang bank, at nagthraten na to file a criminal case against him and ban him from immigration dito. Tama po ba na gawin ng overseas bank yun at kaya ba nilang gawin yun? Ano po ba ang magandang gawin dito? (yung bank po ay may local counterpart) What kind of criminal case is the bank threatening to file? If it is for RA 8484, then it is a big bluff. The law does not punish as a criminal offense mere non-payment of credit card debt. It cannot be Estafa for there is no fraud involved. Your cousin's liability is merely civil in character. The bank may file a criminal case for leverage, but I doubt that the Fiscal will let it pass. One option is for your friend to file for insolvency under the insolvency law. Have him get a lawyer from the PAO or the IBP Legal Aid Office. Quote Link to comment
accountingboy Posted March 6, 2009 Share Posted March 6, 2009 To get a copy of the notarized doc, go to the clerk of court of the palce whre the lawyer who notarized the doc was practicing Quote Link to comment
Firewolf9 Posted March 7, 2009 Share Posted March 7, 2009 Sir may alam ba kayo saan pwede Civil wedding sa Quezon City? Thanks Quote Link to comment
mlpf Posted March 7, 2009 Share Posted March 7, 2009 (edited) Sir may alam ba kayo saan pwede Civil wedding sa Quezon City? Thanks I suggest you go to the Quezon City Metropolitan Trial Court. Bring your marriage license to the MTC Clerk of Court. They will schedule your wedding before a MTC Judge. Edited March 7, 2009 by mlpf Quote Link to comment
Arneeious Posted March 8, 2009 Share Posted March 8, 2009 Is it legal for a call center to deny an employee maternity leave/benefits? Quote Link to comment
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