UNPAID CREDIT CARD BALANCE; NOTICE VIA TEXT

Good day. I would just like to inquire regarding non-payment of credit card. My husband was sent a notice via text message that a civil case was filed against him for non payment of credit card, and that he is required to appear in an MTC court. No copy of the complaint was sent to us. No written notice was likewise sent. A few days after the first text, we received another text message from an unknown sender stating that a complaint was filed and that my husband is required to file a reply. My husband said he indeed has an outstanding credit card debt amounting to P30,000 plus, but no written notice was sent by the bank. Is a text message a valid notice?

Thank you, and I hope for your response.

Notice via SMS is NOT a valid notice sent by the courts.

The provisions of the rules of court provide that valid service of summons is either service to the person or service via snail mail, and it has to be received by a competent person for the notice to be valid.

I would suggest that you call the MTC that your husband has a case on and ask the clerk of court there if there is any case filed against your husband. Verify it first before proceeding with the case.

More often than not, that is a scare tactic by the bank in order to force your husband to settle his account. Of course, if your husband can settle the account, it is best that he do so posthaste since he is incurring penalties and surcharges the longer the debt remains unpaid.

Good luck with your situation, and I hope you can find the proper remedy in your case.