Closed...

Thanks! CLOSED...

how much is involved? what happened?

you can either try to settle with the company or defend as best as you can. don't let them know you are leaving.

The stated in the notification is 4000+.

I already read some facts on the other topics. It's a relief but I'll really attend to this one coz I want it to be settled as soon as I can.

Is this sort of case has a big implication? How long will it take if we undergo trials? What will be the next scenarios to expect after I received the notification/summon?
If I admit it all and I appear to the court, what do you think will happen? Will they put me behind bars right away?

Hay! Thanks for the advise.

you should expect to pay more than 4,000 if the other party is willing to settle.

doesn't the summons set a date for you you to file your counter affidavit. I suggest that you make it appear that you only have an unpaid loan. even if the amount is small, i still recommend you acquire counsel even if just to prepare your counter affidavit.

Wala naman pong date na pina-pasubmit ako ng counter-affidavit, parang it's more of notification about the case.

It's just stating that it comes from DOJ (in our city) and that they filed a case of estafa under the ff. reasons and it was received and from DOJ's office.

Thank you sa advice. I'll really do that anytime soon.

May I know po ba the procedures of it? What more should I expect to received? Thanks po ha...At least I'm a bit calm now.

Verify first if what you recieved is an authentic subpoena. Baka kasi naloloko or tinatakot ka lang ng pinagkakautangan mo. Thus you verify it first by going to the office of the prosecutor who purportedly issued said subpoena.

Going by the rules of criminal procedure..your case is in the preliminary investigation stage..once your recieved a sub poena from the prosecutors office, you are required to file a counter affivdavit within ten day aftr the receipt of the subpoena to answer the complaint fied against you by your creditor. If you fail to do so the prosecutor wil be constrained to file the case in court the basis of the complaint and evidence provided by your creditor.

Kaya I suggest that you verify this matter ASAP.

Summons? From DOJ? Hmmmm..that might be a bogus process because as far i know, summons is sent to a defendant when a complaint in a civil case is filed in court requiring the latter to file an Answer. I totally agree with sir Admiral that you check it out first from the alleged office that issued it.

Nagkaayos na po kami nung previous company ko and I already paid the amount sa lawyer and meron din ako MOA and receipt of payment.

What's the next step to do? RESOLUTION na po pala yong natanggap ko from DOJ. Do I still have to go to the prosecutor's office and tell the prosecutor mismo na nagkaayos na kami with my legal docs o kailangan pa talaga ng complainant ko na ayusin yon sa prosecutors office?

Ang worry ko po kasi eh malaki maningil ang lawyer na yon...mantakin nyong umabot ng almost 100k for this simple case ang babayaran ko pa sa kanya...kaya may MOA. Pwd ba ako kumuha ng other lawyer to settle things in my behalf if ever...kapos na po talaga ako.

Thank you.

You paid 100 thousand!? You are kidding right? That's very steep considering how simple your case is and not to mention that it is still with office of the prosecutor. Estafa cases are in fact mediatable. It means that when the case is filed with the court, it will be referred to mediation. During the mediation, a mediator will assist the parties (you and the your former employer) to explore the possibility of an amicable settlement. In cases like yours where money is involved, it is usually settled immediately if the accused is willing to pay the amount being claimed. Actually lawyers may not even be needed during the mediation as it is the parties that will sit down together and talk.

Since you have mentioned that you have already settled with your erstwhile employer and that a MOA was also entered into by both of you, i advise you to let him/her execute an affidavit of desistance.

damn, i represented one of the thread starters here for 5k to successfully negotiate a settlement of an estafa charge.

the company should file an affidavit of desistance or motion to dismiss. it can't be just you going to the prosecutor to ask for dismissal.