legal Free Legal Advice

[TheGeneral]

sir, i'm no lawyer... but i firmly believe there's no way you can be arrested for unpaid credit card bills. they can only demand and demand. it's not like the bouncing check law nor an estafa case...

[ko5he4]

good pm. tanong ko lang kumg makukuha mo yung details sa isang bank acct number.

 

yung kaibigan ko kasi may binili online nagbayad thru bank pero hindi pinadala yung item worth 3000 po, mahahabol kaya yun??

[matrim777]

sir, i'm no lawyer... but i firmly believe there's no way you can be arrested for unpaid credit card bills. they can only demand and demand. it's not like the bouncing check law nor an estafa case...

 

Pero hindi nga ba papasok as an estafa case ang non-payment of credit card bills as applied in my case?

[redax]

Pero hindi nga ba papasok as an estafa case ang non-payment of credit card bills as applied in my case?

Delikado ka nga under RA 8484 dahil baka puede ka in violation of Prohibited Acts Sec. 9 Par. j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter"

 

Sec. 3 Definition of terms (a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

 

Under Sec. 14: A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.

 

Penalty Under Sec. 10: (a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9"

[jopoc]

credit card companies normally dont file RA 8484. try mo pa rin to secure an NBI Clearance. kung may Hit (or cases) ka talaga, bailable naman yan.

[bonito99]

@MOD NOTE:

 

Please do NOT use "Text-Style" spelling when posting.

 

Thank you.

[nok]

sirs/maams, advice po sana...may laban ba ko kung kasuhan ko(estafa ba ang kaso?) yong pinagkatiwalaan ko na tao na magpa utang kami(sa akin ang capital, sya ang hahanap ng mga uutang at maniningil), pero di na sya nakakapaghulog saken.. nong unang mga linggo maganda ang bigay...bigla nalang hindi na naghuhulog..mag one year na..hindi naman kalakihan ang pautang pero naaasar ako sa panloloko na ginawa nya..(baranggay ba muna ako lalapit? sa police station? o abogado?)

 

*ang dahilan nya nong una..wala daw nabibigay sakanya sa mga nangutang..pero may nakapagsabi na nasingil na nya..may listahan ako na sinabi nyang pinautang nya..walang pirmahan kami..gusto ko lang maturuan ng leksyon..salamat

[MNdMud4s3x]

Delikado ka nga under RA 8484 dahil baka puede ka in violation of Prohibited Acts Sec. 9 Par. j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter"

 

Sec. 3 Definition of terms (a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

 

Under Sec. 14: A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.

 

Penalty Under Sec. 10: (a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9"

 

 

 

 

actually madali lang lusutan yang 8484, by way of defense, just allege that you neither abandon nor surreptitiously leave the place stated in your credit card application. besides, assuming that a case is filed and a warrant is issued againts you, without a copy of the warrant to be implemented, NBI cannot just arrest you. i agree with jopoc, go to the NBI and get clearance. Mas maganda nga ngayon kasi nagkakagulo records nila and you can get the clearance without having you cases recorded. that is if NBI's problem with their IT is not yet resolved.

Edited August 5, 2011 by MNdMud4s3x

[angelose13]

guys... walang nakukulong by means of ndi nakakabayad ng utang... ang stafa ay panloloko para makakuha ka ng pera... parang swindlers ganun... kunware sabi mo oficer ka ng isang recrument agency tapos nid mo magbayad para makapasok ka... isang kaso dito ay estafa... anu pa? ung nakukuha mong mga txt na nagsasabing nanalo ka ng house and lot pero nid mo muna magbayad ng 10k estafa un...

 

@chaser... kung merun kng balak na magtayu ng pautangan... mas maganda kumuha ka ng lawyer para gumawa ng draft ng isang contract para incase na ndi maka bayad mga nang uutang sayu merun kng colateral...

pwede mo lng ireclamo ung nangungutang sa barangay kung maliit lng yan... pa umakyat sa court atlist merun kng contrata para mapakitang evidens...

 

sa mga merun utang... ndi kayu makukulong... wag lng kayu magbayad ng utang sa pamamagitan ng cheke tapos nag bounce pa un patay tayu jan... under un ng bouncing chek law... pwede ren grounds un ng estafa depende sa ginawa mo kung merun act of panloloko...

 

ang magagawa lng ng korte para sainyu na merun utang or pinagka utangan lalo na kung verbal agreement lng ay... gawan kayu ng agreement kung papaano bayaran utang nyo... or mapatunayan na wala kayung utang... (kaya namen yan hahaha kung verbal agreement lng chiken un)

 

 

im a legal asistant of a lawfirm and a 3rd yr law student... kung merun magaling na lawyer jan he can say otherwise sa sinabe ko

[draizen]

Mga Sir,

 

I was recently involved in a vehicular accident, i immediately rushed the victim to phil ortho and she suffered multiple fractured bones. We agreed that i will shoulder all of her medical expenses and that will cost me around 200 to 300 thousand. My problem is aside from paying their medical expenses they are asking me to shoulder even their food and fare. I am just a regular employee my salary is only enough to cover for my families expenses. Do I really need to cover even their food at the hospital and their fare? Please advice. thank you

[Roubaix]

Mga Sir,

 

I was recently involved in a vehicular accident, i immediately rushed the victim to phil ortho and she suffered multiple fractured bones. We agreed that i will shoulder all of her medical expenses and that will cost me around 200 to 300 thousand. My problem is aside from paying their medical expenses they are asking me to shoulder even their food and fare. I am just a regular employee my salary is only enough to cover for my families expenses. Do I really need to cover even their food at the hospital and their fare? Please advice. thank you

 

No you don't.

 

I say offer a lump sum and make them a waiver and quit claim. You are not bound to food and fare of the family members. It is hard to pay monthly. Talk straight to the hospital. Arrange the payment of the medical fees with them. But only do it after they sign a waiver and quit claim.

 

The hard thing about not paying is that they may file a Reckless Imprudence case resulting to physical injuries. The prosecutor's office will almost always mature that to a criminal case which is worse than paying them off with a lump sum combined with a quit claim.

 

It's better to borrow that lump sum from a bank (don't go to a money lender, that is even worse!) then pay the installment to the bank.

 

Good luck

[MNdMud4s3x]

pano po kaya ito? c mr j me property na 2.5 h.a. ang size worth 2.5illion pesos, me nag offer sa kanya bulimi for a consideration of 3m, to be used as a school site, what r his tax liabilities?

 

a.what r his liabilities on the income tax he earned?

b. can he use d income tax payment as a deduction from his gross income?

c.ano pa po kaya ang kanyang other payment options? salamat po

 

sorry for the very late reply. sana makatulong pa rin.

a. he has a final income tax liability of 6% of the contract price.

b. he cannot claim decuctions because it is the buyer who can invoke exemption, not the seller. remember that the one to use the lot exclusively for educational purposes is the buyer and not the seller, so the seller is to pay the tax in full.

c. no other payment options but to settle the final income tax.

[draizen]

No you don't.

 

I say offer a lump sum and make them a waiver and quit claim. You are not bound to food and fare of the family members. It is hard to pay monthly. Talk straight to the hospital. Arrange the payment of the medical fees with them. But only do it after they sign a waiver and quit claim.

 

The hard thing about not paying is that they may file a Reckless Imprudence case resulting to physical injuries. The prosecutor's office will almost always mature that to a criminal case which is worse than paying them off with a lump sum combined with a quit claim.

 

It's better to borrow that lump sum from a bank (don't go to a money lender, that is even worse!) then pay the installment to the bank.

 

Good luck

 

Thank you for your response. I already tried to offer them a lump sum and they refuse. They want me to shoulder all of their medical expenses and they even confined the patient to medical city the doctor game me quotation that it will cost around 700 thousand. I dont have that kind of money. Im just wondering, if ever they file a case against me and i lost can i ask for a probation so that i wont need to serve my sentence in jail? what reward can the judge gve them if i dont have any assets under my name? thank you

[superboym16]

Help...i need your advice.

pwede pa po bang magfile ng case kahit isang taon na ang nakalipas?

[Pinoymale]

Help...i need your advice.

pwede pa po bang magfile ng case kahit isang taon na ang nakalipas?

 

Ano balak mo i-file? Depende kasi kung anong complaint ang gusto mo i-file.