Utang

2 of us borrowed money from someone. MAy kasulatan kami na pinirmahan and it goes like this...

I (me) and (my friend) borrowed money from __ with the amount of 124T with interest of 6% monthly. The principal amount will be paid in full on June 30, 2010. (signed)

Here are the facts:
1.Nakabayd na po kami ng total interest of 65T (accumulated monthly at hindi binabawas sa principal yun kasi interest lang yun).

2.May mga pinirmahan po sya na nareceive nya ang mga hulog na payments namin 3X for the month of June.(5t,5T,5T)

3. Nakiusap po kami na hindi namin kayang bayaran lahat ngayong due pero magbibigay kami ng partial.

4. Hindi po sya pumayag na partial lang at kakasuhan daw po nya kami kung di naibalik lahat ng pera nya sa katapusan. Problemado pa po kami financially but we really intend to pay.

5. Anong kaso po ang pwede nyang isampa, civil or criminal case po ba?Makukulong po ba kami ng friend ko?

walang nakukulong dahil lang sa utang...it's only a civil obligation (not criminal)...makukulong ka lang if you are ordered by the court to pay a sum of money and then you failed to pay...best thing to do is to strike a deal dun sa nauutangan nyo. if he/she really want to file a case, then let him/her...anyway you can still settle for a compromise during the pre-trial in court.

southern star, i don't think it's accurate to say you will go to jail if you are unable to pay a loan even by order by a court. perhaps you mean subsidiary penalty for failure to pay a fine as penalty for final conviction of a crime.

girlie, you are civilly liable to pay the principal, but when he files his case you can also argue that 6% per month is "unconscionable" and the interest should be lowered. and no, you should not go to jail even if you are not able to pay.

if he begins engaging in harassment tactics to make you pay, then document these acts and you can counter by filing criminal cases against him such as unjust vexation

is imprisonment not possible? how about if the basis would be contempt of court, atty?

thank you very much. This site helps a lot.

southern star wrote:is imprisonment not possible? how about if the basis would be contempt of court, atty?

No, the most that the plaintiff can do is to move for the execution of the judgement.after which it's up to the court sheriff to garnish or levy the properties of the judgement obligor...try recalling rule 39

admiral thrawn wrote:

southern star wrote:is imprisonment not possible? how about if the basis would be contempt of court, atty?

No, the most that the plaintiff can do is to move for the execution of the judgement.after which it's up to the court sheriff to garnish or levy the properties of the judgement obligor...try recalling rule 39

oh, okay...thank you, atty!

Basing from the info given above, is it possible that he can file an estafa case?

yes, he can file a case of estafa, you cannot prevent that. the more proper question is whether the case will prosper. IMO, no.

If the complainant's attorney asks me to sign a promissory note ordering me to pay the full amount that I think is impossible for me to acquire and a he states a specific date when I should pay it, should I sign though I know I can't actually pay the specified amount on a specified date?

either way has consequences. i wonder why a promissory note is being executed when there is already a prior loan. Perhaps the first was lost, and without one, there can be no interest.

southern star wrote:

admiral thrawn wrote:

southern star wrote:is imprisonment not possible? how about if the basis would be contempt of court, atty?

No, the most that the plaintiff can do is to move for the execution of the judgement.after which it's up to the court sheriff to garnish or levy the properties of the judgement obligor...try recalling rule 39

oh, okay...thank you, atty!

yes the plaintiff may do that but i think there is no legal prohibition for the plaintiff to cite defendants in contempt court if they refuse to comply to the court's order for them to pay. you see, the plaintiff may not opt to go the long process of levying defendants' properties, go to auction sale then have it have consolidated after 1 year from registration of the certificate of sale. worse case is when the defendants have no property at all or even they do have yet exempt from execution. juz my opinion.

^^ Wala ng ma-ibayad papa-contempt mo pa..that is abuse of discretion if the judge will do so. Kaya nga may rule 39 eh..that is the rule specifically made to satisfy a judgement. This is the primary remedy for the judgement obligee. The writ of excution is a coercive process.Pero liek any remedy may limit yan..that is kung wala talagang maibayad yung debtor..

Secondly.if the court will issue a contempt order carrying it a penalty involving imprisonment..that would be a violation of ones constitutional right of non-imprisonment for debt.

sir gud p.m po ask ko lng po ang kaso estafa ng pinsan ko, sir ngkaron na po cla ng pre trial last april, then hindi po ngpunta ang complainant, kaya bnasahan na po sya ng judge ng not guilty.......... kaso pinababalik po cya sa june 8 para mgdala ng abogado..... kung tungkol po sa cumlainant d na po cya sisipot sa heiring kc nagkaayos na po cla na d na pupunta ang cumplainant........ang problema my work po ung pinsan ko na malaya d2 sa manila, tanong ko lng po kung d po cya mkasipot ng june 8 magkakaron po b ulit sya ng warrant at anu po ang magiging resulta ng heiring ku sakali mkapag dala cya ng abugado.........sana masagot po agad ang katanungan nmin sir.......pasuyo nman po maraming salamat po..god bless po

if he is out on bail, his bail will be forfeited and a new warrant of arrest issued.

this is the problem when you enter into an out of court settlement rather than going through the proper process of mediation.

his remedy is to keep appearing at the hearings until such time he can assert his right to a speedy trial so that the case will be dismissed.

hi atty, meron po akong obligation sa isang lending business dito sa negros...i barrowed 15k and have paid 7k, the interest is 5%...the problem is nawalan ako ng trabaho and im still looking for one...i know that i have an obligation to pay them every month..but because i am not capable of this moment they pressuring me to pay by letting one of their agents to go here and ask for a payment...now they are threatening me to file a complaint sa baranggay...i am not familiar with the laws here but i need to know if what are my remedies since i am not capable of paying pa as of this moment but later i will make sure that i will pay naman.

do you have a written loan agreement? if none, they cannot legally claim interest. don't be signing one if there is none.

is that 5% per month? is there collateral or a co-maker?

failure to pay a debt is not a crime. you can argue that 5% is unconscionable.

a barangay complaint just allows the lupon to try to convince the parties to settle amicably, failing which, a certification is issued that the case can be filed in court.

document their acts if they are harassing you.

yes i signed an agreement before they gave the money...actually i just want to ask if its ok for them to send an agent here at home and ask me to produce something so that somehow i could pay them...another thing that i am fearing is that later or i just dont know when..they might consider filing a case of estafa against me since the atm that i gave them is no longer valid...do you think this a ground for estafa?coz to my understanding deception is one of the grounds..but in my case my atm became invalid because i got laid off...and around april and may makakabayad na po sana ako sa utang kaya lang i got hospitalized and malakilaki din yung bill ko dun sa hospital...so yung pang bayad sa utang e na punta na sa hospitalization ko and sa mga medicines..so in all as of this moment wala talaga akong ma e produce na pambayad but im trying to look for an amount na maka pag bayad ako...but natatakot lang ko sa banta nila of a complaint kasi nga i know i will be forced to seek for a lawyer...pano yan d na nga ako maka pag bayad tapos hahanap pa ako ng lawyer

Atty I have a question, yung tita ko nagutang ng 3000 sa isang 5-6 with no written contract just purely verbal for the completion of the requirements of her son's job as guaratee na capable siya makapagbayad including the interest, unexpectedly yung anak niya nasangkot sa rape but later on on the case was proven with lack of evidences. so consequently he lost the job, kasi he only spent 1 week sa work,,ngayon my auntie can't pay the remaining amount including the interest pero kahit papaano nakapaghulog na ng 1,500 her husband is just a tax driver who doesn't have a regular work ngayon yung creditor is keep going to her house and harrasing them to produce with the entire amount hanggang sa dumating na point na napunta na ng baranggay and then we found out that baranggay captain was in favor of the creditor, urging my auntie to comeout with the remaining amount including the interest, here are my questions,
1. Was the decision right in a legal aspect? you would see from the very beginning na biased na ang kapitana without considering the capacity of the debtor
2. Upon learning the biased and unfair treatment ng kapitana nag breakdown ang tita ko to the point na pumayag siya sa kasunduan bayaran everything including the interest with a written document and now the problem is saan siya kukuha ng pera
3. Can we put this case higher like in munisipyo kasi unfair ang judgement sa tita ko I have a friend with the same case 5-6 kaso ang pinabayad lang ng baraggay captain sa kanya ay yung principal which is legally right!!
4. If not mistaken the anti-usery law was already suspended so the creditors are now free to dictate the interest they want.. ngayon my question it does also apply in the case of 5-6 business from unregistered creditor

and may I add... 20% ang interest rate niya per month! is that reasonable for that case

teddyfer, they have a right to try to collect from you as long as they do not cross the line unjustly vexing you. closure of the atm account is not estafa. you cannot prevent them from filing a criminal complaint against you but i doubt it will prosper if you are able to defend yourself properly.

hay, we lawyers are such feared expenses.

cosmo, the bgy lupon did not decide anything because it has no power to do that. it can only convince the parties to settle amicably.

i recommend that your aunt write to the lupon stating that the agreement is void because the amount of interest is unconscionable and that she was unduly pressured to sign the agreement.

if the bgy lupon does not take positive action, she has to file an action in court to declare the agreement void, else it may be enforceable by court action against her.

interest is not demandable without a written agreement.

Thanks for the information attorney... my last question is the legality of 5-6 business under usury act... is there such to begin with?

there is a law on finance CORPORATIONS. my reading is that it applies only to corporations or persons who make it appear they are corporations. afaik, there is no law prohibiting individuals engaging in lending business, per se.

perhaps you can challenge them through their non-application of a barangay permit, mayor's permit, etc. all businesses are supposed to get one.

Sa utang ko po na 65T, (please refer to the topmost post). Umabot na po 41,000 payments ko for interest (including my payment of 5,000 last week). I failed to pay 4 months of interest in the past months amounting to 15,600 at pinatong nya yun sa interest kaya mahigit 80,000 na po daw ang iinteresan ko monthly at 6%. She is not filing a case.

Question: How can I make the interest stop? para principal of 65t na lang ang babayaran ko in a monthly basis? Hindi po kasi sya papayag na ganon. Pwede po bang ako na lang pumunta sa court para magrequest na itigil na yung interest? Lalo po kasi akong nababaon sa utang but I am not capable to pay it in full this time. (Though I must admit it's my fault kasi nangutang ako that time.) Thanks po.