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Who will pay the unpaid creditcard bills?

5 posters

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gigi


Arresto Menor

Hi,
My father owes a big amount in credit card debts (around 500k). He's already retired so he only has his pension. He was also recently hospitalized. He was already sent notices by the credit card companies for not being able to pay. What happens when he dies before being able to pay off his debts? I'm worried because I'm still paying for his hospital bills.
Thanks for your advise.

edna


Arresto Menor

hello,
i have a credit card and sign a contract of restructuring,if i havent paid do they have the counts to sue me in court on the grounds of ESTAFA. tnx

redpula


Prision Correccional

to gigi,

I am no lawyer but an ordinary law student to be clear, i will try to provide some insight about your problem.

1. since your father has retired and since there are notices sent to him, the creditor may ask for attachment of property in court, but considering his state of health, your father may ask for loan restructuring with his creditors. In case your father die and if there are properties they can ask for the attachment but if there are none, then the loan is already extinguish with the death(god forbid)of the debtor(your father), assuming there are properties left but the value of the said properties are not enough for the satisfaction of the loan, the creditors can no longer ask beyond the value of the property.
2. Notice sent by the creditors. Legally speaking, this is done to put your father in a legal default, that means, the debtor can not use as a defense 10 year prescriptive period provided by law if the creditor failed to demand payment of the said loan. This is essential as far as court proceedings are concern. since your father is already incapable of paying the said amount, it is up to the creditor and debtor to come up with a compromise agreement.

The creditors cannot compel you to pay for the loans obtained by your father, since loans are not transmissible to the heirs of the debtor.

attyLLL


moderator

edna, failure to pay a credit card is not a crime unless it can be shown that you intended to defraud them. what you should avoid is to change residential or office address without informing the credit card company because this will give rise to a presumption that you intended to defraud.

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5credit - Who will pay the unpaid creditcard bills? Empty unpaid credit card Thu Jan 20, 2011 1:44 am

ruari_ashley


Arresto Menor

Hi,

I have a friend that has unpaid Credit card with metrobank and HSBC. She was retrenched from her company because of the economic situation last 2009 and until now she can't pay the amount. The amount multiplied and now has an outstanding of 200K. She still received letters from the bank but she refuse it, is this ok? She also received demand letter on her email, what she will do about it?

Thanks!

attyLLL


moderator

i recommend she negotiates with the bank how to pay her debts. what she should avoid is to change work and residence address without informing the credit card company because this will raise the presumption of fraud.

if she ignores, the credit card company will have the right to initiate collection cases against her.

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