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I Need An Advice and Legal Procedure

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1I Need An Advice and Legal Procedure Empty I Need An Advice and Legal Procedure Thu Dec 10, 2009 9:42 pm

friendly_angel_abt04@yaho


Arresto Menor

Hi, I would like to ask for an advice and help what should I do to one of my customer who was not paying me from the items that her school ordered from me.

I am having a small business in the province of Bulacan. One of the school handled in Balagtas, Bulacan is still not paying me since all the items were delivered in the school in good condition and complete.

Ms. Glenndy Lou C. Sulangsawa placed an order of PE uniform for their students with a total amount of Thirty Thousand Pesos, month of June 2009. I delivered and completed the items July 24, 2009. And she only gave me Ten Thousand Pesos as partial payment for all items she got from me with a delivery receipt. Because we made a verbal agreement for the balances, I was giving her 30 days terms to complete the full payment but sad to say that she did not meet the due date she was given me. She always make an alibi every time I called her and visit her in school and when she was giving me a date for me to get the payment in the school, she wasn’t there and make alibi all over and over again.

Month of September 2009, my last visit in school she’s still can’t pay me and the only thing she has that time was the check which was the payment from the parent who have a children’s studying in their school. I was not supposed to accept the check because it will serve as a second endorsement only but I don’t have any choice instead of nothing. It was post dated check (dated October 18, 2009 – Sunday????)

Month of October 2009, I received text messages from Ms. Sulangsawa telling that the check was not have a fund, that I will need to hold it for a week. She made lots of promises dates and nothing’s happened again. I was surprised because I found out that the check was closed account at BDO.

Month of November, 2009, she’s still making promises that cause me to make a Promissory Note for her to sign it with an appropriate interest and other charges in the total amount. And when the target date comes, she’s still making alibi and still can’t pay the full payment of my delivery. I have lost my patience anymore and can’t really take her promises anymore, which will push me to make a blotter in their Baranggay on the date that she promised me to pay me (November 25, 2009) and It was really surprising because I am not the only one who made a blotter against the school. Even the supplier of their books and the carpenter who made their dividers has their reports too about money matter.

She was served 3 times of invitations from the Baranggay but she never came and in 4th times, Baranggay issued a clearance telling that I can now make a demand against Ms. Sulangsawa.

I went to BULPRISA (Bulacan Private School Association) the other day, just to let them know what that school did to me. And the BULPRISA recommend me to also report this and ask for help or assistance at DepEd Malolos, Bulacan if there’s any way that I can get my money back. I have an appointment on Monday to DepEd.

My questions are;
1. What case I can file to Ms. Glenndy Lou C. Sulangsawa about of what she did to me. She is the Administrator and a daughter of the owner of the school.
2. Does the school have a responsibility on this matter? If there is, what kind of case I can file? They also have a violation because they always put the padlock on the gate after the students entered inside the school.
3. How about the parent who issued the check which was already closed account?
4. I am pursuing to make a demand against Ms. Sulangsawa, of course It will be very costly for me. Is it possible that I can get all the damages that she made if I won? Like Attorney’s fee, appropriate interest like I said in my Promissory that she signed in and the other charges on this matter? That money has a monthly interest and a fine for the delayed payment because I just borrowed it from the Cooperative Bank.
5. What else you can advise about this matter.

All evidence I have are:
My Delivery Receipt
The Closed Account Check (issued by Parent, but I am not sure if this true)
Promissory Note that I made
My Blotter
Ms. Sulangsawa’s Text Messages


Thank you so much and I am hoping for your immediate response.

More power!

Sincerely yours,

Adora

2I Need An Advice and Legal Procedure Empty Re: I Need An Advice and Legal Procedure Fri Dec 11, 2009 5:26 pm

admiral thrawn

admiral thrawn
moderator

Good day to you Madame....

If you want a quick solution you may personally, without need of a lawyer, file a small claim action before the MTC of Bulacan since the amount you are collecting is only 30,000 pesos. The new rules promulgated by the SC provides for a quicker way of disposing collection of money fo debts not exceeding 100,000 pesos. I think this solution is the more practical, fastest and less costly solution to your problem.

But if you're really irked by what she has done to you....several action maybe filed against your debtor!

1. Sue her BP 22..or bouncing checks law
2..Criminal case for Estafa , for postdating a NSF check.
3. Civil case for damages


But first and foremost hire a lawyer so that you may confide to him/her your problem in detail.

3I Need An Advice and Legal Procedure Empty Re: I Need An Advice and Legal Procedure Fri Dec 11, 2009 5:35 pm

friendly_angel_abt04@yaho


Arresto Menor

thanks



Last edited by friendly_angel_abt04@yaho on Mon Dec 21, 2009 8:22 pm; edited 2 times in total

4I Need An Advice and Legal Procedure Empty Re: I Need An Advice and Legal Procedure Sat Dec 12, 2009 2:27 pm

admiral thrawn

admiral thrawn
moderator

MTC- Metropolitan/Municipal Trial Courts
SC-Supreme Court
NSF-Not sufficiently funded check

5I Need An Advice and Legal Procedure Empty Re: I Need An Advice and Legal Procedure Mon Dec 21, 2009 8:20 pm

friendly_angel_abt04@yaho


Arresto Menor

hello there!

I went to MTC and to Prosecutor's Office last week but they said me to have a Salaysay from a lawyer but I don't have lawyer yet. So, I tried to talked lawyer from Integrated Bar of the Philippines - Bulacan Chapter but she suggested me to get a lawyer outside because my case is not qualified to them ('coz I'm earnings). But I asked her if she is able to be my lawyer outside 'coz she mentioned that she is also a Practitioner and she accepted me. Our first step now is sending the accuse a demand letter amounting P1,000 plus the mail charge. And her Acceptance Fee is P5,000 instead of P10,000. Am I doing the right steps?

6I Need An Advice and Legal Procedure Empty Re: I Need An Advice and Legal Procedure Wed Dec 23, 2009 7:05 pm

admiral thrawn

admiral thrawn
moderator

yes..very right indeed!!!good luck po..merry xmas.

7I Need An Advice and Legal Procedure Empty Re: I Need An Advice and Legal Procedure Wed Dec 23, 2009 10:41 pm

friendly_angel_abt04@yaho


Arresto Menor

Thanks to you so much! Merry Christmas to you too... Smile

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