legal Free Legal Advice

[moneymaking63]

Hello Attorneys!

I would like to ask about bouncing checks.Will try to read back posts when I have the time just in case meron nang kasulatan about it.

 

I have 2 checks amounting to 60k.Returned to me by the bank for lack of funds.Obviously nagdadahilan yung issuer and it has been almost 2 months.Sent him a Final Notice of Demand (Tama ba yun?).So 5 days have lapsed and still no action on his part.

 

Want to file a case sana but have limited funds. Ano po ang best way?Ok sana kung after resolution and found guilty si bugoy,mga cost of suit,damages or interest and attorneys fees pwede claim para naman mabayaran yung lawyer.

 

Sorry to say,pero mas ok rin kahit Jail time lang. :hypocritesmiley:

 

Thank you in advance for your sound advice.

[swami]

Hello Attorneys!

I would like to ask about bouncing checks.Will try to read back posts when I have the time just in case meron nang kasulatan about it.

 

I have 2 checks amounting to 60k.Returned to me by the bank for lack of funds.Obviously nagdadahilan yung issuer and it has been almost 2 months.Sent him a Final Notice of Demand (Tama ba yun?).So 5 days have lapsed and still no action on his part.

 

Want to file a case sana but have limited funds. Ano po ang best way?Ok sana kung after resolution and found guilty si bugoy,mga cost of suit,damages or interest and attorneys fees pwede claim para naman mabayaran yung lawyer.

 

Sorry to say,pero mas ok rin kahit Jail time lang. :hypocritesmiley:

 

Thank you in advance for your sound advice.

 

Hmm. The Supreme Court has recently promulgated the Rules on Small Claims, governing money claims not exceeding 100k.

I think this is your best option: to file a claim with the small claims court.

 

Before the adoption of the said rules, litigants who have money claims not exceeding 100k are discouraged to file cases because of the exorbitant fees that lawyers charge, considering that their money claim is not that much. Accordingly, the SC promulgated the rules on small claims. The apperance of lawyers in small claims cases is not allowed.

 

Under the said rules, all that the plaintiff has to do is to fill up a form, and attach all his documentary evidence and the affidavits of witnesses.

The proceeding will be very expeditious.

 

For your guidance, here's a link on the Rules on Small Claims:

 

http://jlp-law.com/blog/rule-of-procedure-...7-sc-full-text/

Edited August 28, 2009 by swami

[swami]

Hmm. The Supreme Court has recently promulgated the Rules on Small Claims, governing money claims not exceeding 100k.

I think this is your best option: to file a claim with the small claims court.

 

Before the adoption of the said rules, litigants who have money claims not exceeding 100k are discouraged to file cases because of the exorbitant fees that lawyers charge, considering that their money claim is not that much. Accordingly, the SC promulgated the rules on small claims. The apperance of lawyers in small claims cases is not allowed.

 

Under the said rules, all that the plaintiff has to do is to fill up a form, and attach all his documentary evidence and the affidavits of witnesses.

The proceeding will be very expeditious.

 

For your guidance, here's a link on the Rules on Small Claims:

 

http://jlp-law.com/blog/rule-of-procedure-...7-sc-full-text/

 

Also, it appears that the proceeding in small claims will be more expeditious than the procedure governing BP 22 cases. I handled BP 22 cases which took years to finish. So i suggest you try the small claims court.

[moneymaking63]

Also, it appears that the proceeding in small claims will be more expeditious than the procedure governing BP 22 cases. I handled BP 22 cases which took years to finish. So i suggest you try the small claims court.

 

 

 

Sounds good.Will try it out and let you know what happens.

If the decision is in my favor and the guy thinks nothing of it and still does not pay,what happens then? Just a thought.

Thanks Thanks

[swami]

Sounds good.Will try it out and let you know what happens.

If the decision is in my favor and the guy thinks nothing of it and still does not pay,what happens then? Just a thought.

Thanks Thanks

 

The court will issue a writ of execution to enforce payment, i.e., the sheriff will go to his place and may seize his personal properties and sell them at a public auction, the proceeds of which shall be applied to satisfy the judgment. His bank accounts may also be garnished to satisfy the amount.

 

madali na lang yan tol pag may decision na.

[Dr_PepPeR]

Dude, I have not worked in a bank, and therefore, am not really familiar with their practices.

 

Having said that, I think you cannot unilaterally prevent your gf from withdrawing monies from that dollar account right away. You see, when you opened that account, you entered into a three-party contract: you, your gf and the bank. The bank's obligation is not only to you, but also to your gf. Of course, you may eventually have it stopped, but as i said, not right away. You will have to file a case in court for that.

 

But i still suggest that you write the bank. There's no harm trying. Banks are usually wary of these things, and will try to avoid litigation as much as possible. There's no harm trying.

 

Since it is a JOINT account, the bank will require the signature of your joint co-signatory on the withdrawal slip or a special power of attorney frow your joint co-signatory. If you do file a case and implead the bank, the bank will just have it handled by their law department or one of their lawyers. They are well within their rights to refuse withdrawals or closure without complete signatories. It's better to try to get the signature or talk with the branch manager if it can be worked out.

[yellowjacket]

Mga Bossing hingi lang advice. my problem kasi sister ko regarding condo unit she bought but still installment ang payment nya. naka 6 months na sya ng payment. the problem is hindi sya na well inform regarding division wall ng mga units na gagamitin ay gypsum board bago nya ito kinuha. ang pagkakaalam nya pag condo unit concrete wall ang division ng bawat unit. Pina stop na nya ang payment. Ayaw daw irefund ang mga nahulog nya.

 

Saan ba sya dapat magcomplain? o kelangan na nya ng real state lawyer? Please help naman.

 

Isa pa pong situation... Un neighbor ko nag pa secondfloor naapektuhan ang bahay ko kasi magkadikit un firewall po namin. nagtutuluan sa loob ng bahay ko pag naulan. pinagawa naman po nya. kaya lang after 7months umulan naman ganun pa rin ang nagyari so para wlang gulo ako na lang nag magpapagawa. kaya lang po ng ipaalam ko sa kanila na babaguhin ko yung flashing na ginawa nila dahil mali po ang pagkakagawa gusto nila i black and white na pag my nasira sa wall nila ay kami nag magpapagawa.

 

Dapat ko po ba na sangayunan sila? samantalang sila ang nakaperwisyo sa akin? dapt ko pa bang idulog ito sa city engineer? Pleas help naman po. TIA!

[swami]

Mga Bossing hingi lang advice. my problem kasi sister ko regarding condo unit she bought but still installment ang payment nya. naka 6 months na sya ng payment. the problem is hindi sya na well inform regarding division wall ng mga units na gagamitin ay gypsum board bago nya ito kinuha. ang pagkakaalam nya pag condo unit concrete wall ang division ng bawat unit. Pina stop na nya ang payment. Ayaw daw irefund ang mga nahulog nya.

 

Saan ba sya dapat magcomplain? o kelangan na nya ng real state lawyer? Please help naman.

 

Isa pa pong situation... Un neighbor ko nag pa secondfloor naapektuhan ang bahay ko kasi magkadikit un firewall po namin. nagtutuluan sa loob ng bahay ko pag naulan. pinagawa naman po nya. kaya lang after 7months umulan naman ganun pa rin ang nagyari so para wlang gulo ako na lang nag magpapagawa. kaya lang po ng ipaalam ko sa kanila na babaguhin ko yung flashing na ginawa nila dahil mali po ang pagkakagawa gusto nila i black and white na pag my nasira sa wall nila ay kami nag magpapagawa.

 

Dapat ko po ba na sangayunan sila? samantalang sila ang nakaperwisyo sa akin? dapt ko pa bang idulog ito sa city engineer? Pleas help naman po. TIA!

 

Re: your sister's complaint

1. Dude, check first all the agreements/contracts your sister entered into with the seller. If there's nothing there which specifies the particular material to be used as division wall, then i guess your sister's chances are nil. Why? Because the law states that where there is no stipulation on the quality of the obligation to be delivered, it is presumed that what is to be delivered is "neither of superior nor of inferior quality". Meaning, yung average quality lang. So unless it can be proved that gypsum division wall is actually an "inferior quality" as a division wall, your sister's contention cannot be sustained.

 

Where can she complain? well, sa HLURB, if she ever arrives at the decision to file the case.

 

Re: Your problem

 

1. You're right. Don't sign anything with your neighbor. Just file a complaint with the City Engineer's Office. In all likelihood, he did not secure any building permit for what he constructed.

[yellowjacket]

Re: your sister's complaint

1. Dude, check first all the agreements/contracts your sister entered into with the seller. If there's nothing there which specifies the particular material to be used as division wall, then i guess your sister's chances are nil. Why? Because the law states that where there is no stipulation on the quality of the obligation to be delivered, it is presumed that what is to be delivered is "neither of superior nor of inferior quality". Meaning, yung average quality lang. So unless it can be proved that gypsum division wall is actually an "inferior quality" as a division wall, your sister's contention cannot be sustained.

 

Where can she complain? well, sa HLURB, if she ever arrives at the decision to file the case.

 

Re: Your problem

 

1. You're right. Don't sign anything with your neighbor. Just file a complaint with the City Engineer's Office. In all likelihood, he did not secure any building permit for what he constructed.

 

Thank you very much bro. mabuhay ka!!

[pogingpogi2x]

sa regarding sa Small Claim Case vs credit card pano ba ang procedure nun? may card kasi ako na di nababayaran e tapos naka tanggap ako ng small claim case summon.

 

makukulong ba ko dun kung di ko mabayaran?

[swami]

sa regarding sa Small Claim Case vs credit card pano ba ang procedure nun? may card kasi ako na di nababayaran e tapos naka tanggap ako ng small claim case summon.

 

makukulong ba ko dun kung di ko mabayaran?

 

nope, di ka makukulong. But the court will render judgment against you, requiring you to pay your obligation. If you fail/refuse to do so, a writ of execution will be issued against you, i.e., your properties will be seized to be sold at public auction, your bank account will be garnished to satisfy the judgment.

[pogingpogi2x]

nope, di ka makukulong. But the court will render judgment against you, requiring you to pay your obligation. If you fail/refuse to do so, a writ of execution will be issued against you, i.e., your properties will be seized to be sold at public auction, your bank account will be garnished to satisfy the judgment.

 

thanks, so nao po ang best option? go to rtc ang makipag compromise?

[swami]

thanks, so nao po ang best option? go to rtc ang makipag compromise?

 

Best option is to enter into a compromise with the credit card company to avoid any unnecessary embarassment of having the sheriff banging on your door.

The small claims court is with the MTC

[lochinvar23]

Best option is to enter into a compromise with the credit card company to avoid any unnecessary embarassment of having the sheriff banging on your door.

The small claims court is with the MTC

 

 

Bro may PM ako sayo...Thanks.

[moneymaking63]

The court will issue a writ of execution to enforce payment, i.e., the sheriff will go to his place and may seize his personal properties and sell them at a public auction, the proceeds of which shall be applied to satisfy the judgment. His bank accounts may also be garnished to satisfy the amount.

 

madali na lang yan tol pag may decision na.

 

 

 

Attorney,last na.

Anong city or cities meron Small Claims Court?

Thank you very much