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validity of verbal agreement

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1validity of verbal agreement Empty validity of verbal agreement Thu Dec 03, 2009 9:05 am

yolly


Arresto Menor

good morning everybody! my problem is not mine but my sister's. A friend of ours who came from japan 2 years ago borrowed 150,000 php to my sister when she ran out of money during her 2 weeks visit here to her familly. she promised to pay immediately as soon as she gets back in japan but until now it did not happen. she refuses to have any contact to my sister although she kept on sending money to her family and friends who are our neirghbors also. my sister wanted to file a case against her but was hesitant because they only have verbal agreement. please advise us of how can my sister get her money back eventhough our friend is in japan. by the way, we heard that she is using a different name in that country that's why its hard alos to locate her whereabouts except from her family but they refuse to cooperate also.
Please advise me coz i want to help my sister badly, she suffered psychologically and emotionally especially that it causes arguments between her and her husband. thank you very much. Godbless.

2validity of verbal agreement Empty Re: validity of verbal agreement Wed Dec 09, 2009 11:35 am

attybutterbean


moderator

First, send a demand letter. It is better if the demand letter is prepared and signed by a lawyer. Debtors tend to settle their obligation once they receive demand from a lawyer.

If she refuses to pay despite receipt of the demand letter, your sister can file a case against her. Since it is only a debt, it is only a civil case for sum of money.

You may also want to consider filing a criminal case for estafa if you can make it appear that at the time she borrowed money, she has absolutely no intention of paying you back. One indication that she has no such intention is her denial that she borrowed money from your sister.

Since your sister has no written document to prove the debt, her evidence will be her testimony and the testimony of other persons who may have knowledge of the debt. It will be your sister's word against that of the debtor.

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