Victim customer

Good Afternoon,

I just want to ask if the company can file civil charges to a customer who did not pay his/her loan obligation because he/she was victimized by former employee of the company. The former collector did not issue OR upon collection to customers.

Thank you and hoping for your immediate advice.

NO. Because it is the company's error. Under our law, it is MANDATORY for a company to issue a receipt regardless the customer asked or did not ask for it.

tsi ming choi wrote:NO. Because it is the company's error. Under our law, it is MANDATORY for a company to issue a receipt regardless the customer asked or did not ask for it.

(tsi ming choi)...Sir/Ma'am, this is a case of fraudulent activity of the employee. We have information drive during releasing of checks to customers not to pay without receipt.We even distributed leaflets as reminders aside from the field auditors who randomly visited them. But it seems that customers are "willing-victim". Or maybe the collector deeply earned the trust of his customers which enables him to collect without issuing receipt.

lrdusaran wrote:
(tsi ming choi)...Sir/Ma'am, this is a case of fraudulent activity of the employee.

There you are, at this point we can now determine who is at fault.

My previous advice is founded upon the presumption of GOod Faith by the customer in paying his/her obligation but without a receipt issued by the employee.

However.....

lrdusaran wrote:
We have information drive during releasing of checks to customers not to pay without receipt.We even distributed leaflets as reminders aside from the field auditors who randomly visited them. But it seems that customers are "willing-victim". Or maybe the collector deeply earned the trust of his customers which enables him to collect without issuing receipt.

This is a question of fact, by which you are not sure who is really at fault, hence,the burden of proving the same is rested upon you. At this point, ASSUMING that your allegations are true and supported with evidences, thus, you may implead them(your customer & your former employee)as alternative defendants, in the civil case. As to your querry, my answer is YES, you can file a case against your customer.

Thank you so much for the reply...this will help us a lot...that we can compel attendance of both customer and former employee to court.

If he/she has no proof that he/she was victimized by a former employee, then the company can very well go after that customer. We have presumptions in law:


"(d)That a person takes ordinary care of his concerns;

xxx

(q)That the ordinary course of business has been followed"

Following these presumptions, the burden is shifted to the customer to prove payment because a person who takes ordinary care of his concerns would ask for a receipt and that in the ordinary course of business a receipt is always issued. The best evidence to prove payment is the receipt and if the customer has none a presumption arises that is he/she has not paid. Of course, she can use other evidence to prove payment and overcome the presumption like the testimony of the former employee that he/she has paid.

Thank you hlslawph. More power..