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BryndenLim

BP 22 Estafa

2 posts in this topic

Asking for the insights of lawyers here.

A friend borrowed my credit card to purchase things for the office. We had an agreement that she will pay me back, and she gave me a blank check as a guarantee. But now that I'm claiming for payment, she is refusing to pay me the amount needed to zero out the credit cards. And the status now is I'm the one that has to pay for her credit card transactions. I've been asking for her to pay the full amount for 6 months already but she's always coming up with an excuse not to pay. I'm considering filing BP 22 estafa against her because she's been lying about when she'll pay me the full amount. The amount she owes me is roughly Php300k excluding interest charges.

She has assets she refuses to surrender to me that can easily zero out the debt she owes me (Rolex, Cartiers)

I've deposited the check twice already to the bank and it bounced twice already. Now issuing a demand letter for her to pay.

Can anyone give me an idea of the process for filing this and the possible fees I have to expense?

 

soundnin714 likes this

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I.

BP 22 Bouncing Checks Law only pertains to a check issued in payment of an obligation, but turns out it is drawn against an account which has insufficient funds. No element of deceit is necessary, a dishonored check is sufficient to sustain a conviction

Estafa (in relation to issuance of a bounced check) pertains when a person FRAUDULENTLY issues a check in payment of an obligation, knowing that it has insufficient or no funds. Element of Fraud is necessary.

Both these cases are criminal in nature. These are filed in order to compel the debtor to pay, considering the imprisonment involved should your debtor fails to settle the obligation.

In your case, since the checks already bounced, you did the right thing on sending a demand letter to your debtor. But I suggest use a courier that has tracking as proof that the mail is received, or course the letter through registered mail in the Post Office. If the debtor still failed to pay despite repeated demands, you may file a criminal case.

You may seek the assistance of your own lawyer, or file your complaint affidavit directly in the Prosecutor’s Office, the Prosecutor will represent you in court.

Fees: Lawyer Acceptance Fee: minimum of P30,000 ; Appearance for every hearing, minimum P3,500

if without lawyer, directly to the prosecutor, just the filing fee P1,000.00

preparation and notarization of complaint affidavit, should not exceed P2,000 (well it depends some charges way more)

II.

You do not have the right to compel your debtor to give to you his personal property as payment of obligation, if you don’t have a contract of pledge or mortgage that puts the property as collateral. 

In money claims, payment in cash is the initial resort, only in case of inability to pay in cash would give the right to auction the property of your debtor, but this is through an execution process sanctioned by the court.

 

III.

 

Which brings me to the last alternative, filing a civil case for collection of money. Since the amount is P300K, exclusive of interest, it falls under the “Small Claims”, you don’t need a lawyer for this case. In fact, lawyers are prohibited from appearing in behalf of clients in these cases. You may just go to the MTC in your area and ask for form for Small Claims complaint. There’s also forms downloadable online.

Only cost, notarization of your complaint and filing fees. 

 

 

 

Miggy likes this

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