legal Free Legal Advice

[Pinoymale]

Expect to receive the summons one to two weeks afterwards, depending on the court. The sheriff/process server may inform your neighbor about the summons but it's not required. A warrant of arrest is only issued by the judge once reasonable grounds has been established. Anong stage na ba ng case?

 

If someone filed a case against you how many days will you receive the subpoena after he filed the case? Paano kung walang tao sa house ninyo yun kapitbahay ba ninyo sasabihan nila na may dumating na subpoena sa iyo pero hindi mo ito narecieve if hindi mo pa din ito natanggap ilan days bago sila magserve na warrant of arrest? Thanks :goatee:

[daredevil2k7]

Expect to receive the summons one to two weeks afterwards, depending on the court. The sheriff/process server may inform your neighbor about the summons but it's not required. A warrant of arrest is only issued by the judge once reasonable grounds has been established. Anong stage na ba ng case?

 

Just asking just in case. My post was a follow question from my previous post. A friend of mine used a camgirls webcam account and bought a credit out of it. It's only a petty crime since it happened more than 2 years ago and he didn't receive any subpoena and there's no warrant of arrest against him so I guess the owner of the account didn't file a case against my friend.

[lomex32]

Ang recless imprudence resulting to physical injury o damage to property ay anong uri ng asunto?

ano ang mga pananagutan dito?

[monazario]

Ang recless imprudence resulting to physical injury o damage to property ay anong uri ng asunto?

ano ang mga pananagutan dito?

Criminal ang RIRI... and

it depends on the injury

physical injury has three degrees.. slight (hospitalized/ incapacitated from work-9 days) , less serious (9+-30) and serious (30+.)

so depende sa gravity ang prison term and/or fine.

[Itto Ogami]

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

[swami]

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

 

You wanna put your "arrangement" in writing? Dude, it really won't hold water. Why? Because the stipulations will be contrary to law, hence, null and void.

 

Now, of course, you may craft the contract in such a manner as to look that it's a scholarship program. Problem with that, you cannot just revoke/cancel the scholarship contract without just cause. And her refusal to sleep with you isn't a just cause. It's not supposed to be in the contract in the first place.

[j]

Wanted to know if there are laws in the Philippines with regards to credit card collection.

 

My understanding is that the bank can take you to court only when you committed to paying past due amounts in post dated checks. If the checks bounce then you're charged with estafa. As long as you have no documented proof then the bank can't take you to court.

 

Are there new laws that have been introduced?

[Itto Ogami]

You wanna put your "arrangement" in writing? Dude, it really won't hold water. Why? Because the stipulations will be contrary to law, hence, null and void.

 

Now, of course, you may craft the contract in such a manner as to look that it's a scholarship program. Problem with that, you cannot just revoke/cancel the scholarship contract without just cause. And her refusal to sleep with you isn't a just cause. It's not supposed to be in the contract in the first place.

thanks for the quick reply, saer.

 

actually, sleeping with her is the least of my concerns.

i could always get that somewhere else.

 

the situation i would like to avoid is:

tinutulungan mo na ngang magbagong-buhay yung tao, eh, lolokohin ka pa.

 

if she's really serious about turning over a new leaf,

then she shouldn't have problems agreeing to such a "scholarship contract."

 

but, if she balks, dapat magduda na ko niyan.

[bonito99]

Caveat emptor

[Pinoymale]

A bank can take you to court once you have defaulted on payments and after you fail to pay even after it has sent you a demand letter to pay. The bank doesn't have to wait for you to commit to paying past due amounts since it is your obligation from the start to pay the entire amount. In practice, a bank will only take you to court if the balance is substantial and/or the bank decides it has a chance of recovering the amount once the case is decided in its favor.

 

Wanted to know if there are laws in the Philippines with regards to credit card collection.

 

My understanding is that the bank can take you to court only when you committed to paying past due amounts in post dated checks. If the checks bounce then you're charged with estafa. As long as you have no documented proof then the bank can't take you to court.

 

Are there new laws that have been introduced?

[Pinoymale]

I think it's still possible to make a legal contract, depending on how you word it. Since you're helping her get an education it would look good for you, just make sure there's nothing in the contract that will make it appear that you have an ulterior and malicious motive.

 

Regarding the stipulation against working, you can state it in general terms like "in return for the free education she is given, she will not do anything to interrupt or distract from her education including ....". Same with pregnancy, the contract can state that she will not do anything illegal, immoral, or anything that will bring you shame which of course includes getting pregnant.

 

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

[moed]

thanks for the quick reply, saer.

 

actually, sleeping with her is the least of my concerns.

i could always get that somewhere else.

 

the situation i would like to avoid is:

tinutulungan mo na ngang magbagong-buhay yung tao, eh, lolokohin ka pa.

 

if she's really serious about turning over a new leaf,

then she shouldn't have problems agreeing to such a "scholarship contract."

 

but, if she balks, dapat magduda na ko niyan.

 

Putting your agreement into writing will be benefitial to her not to you. You are the one with the obligation to spend for her schooling in this agreement. If the agreement is not in writing you can always quit supporting her, if she does not comply with your arrangements. If it is in writing and you feel she is not complying with the agreement and you quit paying for her schooling and allowance, she may be able to hire the services of a lawyer to compel you to comply with the contract by saying she is not in violation of any provision.

[Itto Ogami]

@Pinoymale & moed:

- i'll keep that under advisement, counselors.

many, many thanks, saers. your inputs are highly appreciated.

[Arneeious]

My mom leases out residential units. One of her tenants vacated the unit he was renting in the middle of the night without paying his rent which is a big amount. Is there a practical and legal way she can find out where he lives so that we can at least attempt to collect his balance? Thanks in advance.

[lomex32]

Thanks

 

Criminal ang RIRI... and

it depends on the injury

physical injury has three degrees.. slight (hospitalized/ incapacitated from work-9 days) , less serious (9+-30) and serious (30+.)

so depende sa gravity ang prison term and/or fine.