need atty's advise facing a bp22 case

Hi,

Badly need advise...

Im currently facing a bp22 case for my existing loan. I was granted 70,000.00 last April 2008 and was supposed to pay the said amount in 24 months in total of 95,200.00 (total w/ interest) after which should have been done already by this time. I have issued 24 checks in total and was only able to fund 9 checks and the rest have bounced for i was encountering problems with work and finances during the time, at the same time my partner who enjoined me with the loan is already missing so in other words i wasnt able to fund them all. This said person isnt my co-byer by the way, the bank who had granted the loan had been in contact with me sept 2009 and was i was granted a so called amnesty. I was task to write a letter of intent to pay the remaining of the balance together with the interest of the original loan granted and indicated the amount that i can afford to to pay on a regular basis through email and and got an approval via telephone conversation with the representative of the bank after a few weeks... I have indicated as well during the time the reason for failing to fund the remaining checks ( seeking employment and the status the new one i have joined with).

Then by the time the said date of remmitance came for the approved arrangements, after depositing the first payment few weeks after i got a called from the same bank that they no longer will consider the prior arrangements made. The bank apparently had changes in the collections dept. So i was told that if i am to insist to pay the way i have originally arranged it to be they will not credit the amount to the principal. Was begging to constantly from the collectors to pay staggard but then of course they kept demanding the full amount of the balance with all the interest. To make the long story short they all the begging and arrangemnts that i have been making up till previously are not met for they would want any kind of installment plan except for a full payment, So needless to say ive been hunged up on cursed insulted everytime i make arrangents. I recently decided to deposit 8,000.00 in total together with the past that i have done to a least make up for two checks that im being sued upon... The bank i think files 2 checks per case if im not mistaken. But then again stil they had decided to continue with the case. I know that its my responsibility to pay the said debt no matter what the reasons are for it to have bounced but i really cannot come up with the whole amount. Im scheduled to appear in court sept 27 in makati i recived a letter today that was just left in our mailbox. I dont know what to do... i can make staggard payments but the bank doesnt allow. There are still cheques in que im sure for case filling and i dont want to go to jail. What do i do???

this notice, what office issued it, the prosecutor's office or the Municipal Trial Court. if it was the mtc, then i believe this is likely to be a small claims case. if it was the prosecutor's office then it is a criminal case.

Hi Atty,

Thank you so much for taking time answering its highly appreciated! It was issued by mtc (metropolitan trial court) as to what is written on the letterhead. Though yes it still gives me the creeps, this is the first for me and will make sure that it wont happen again! I guess i would want to ask at the same time what would happen if it is from mtc? Im not quite sure if i did the right thing by going to PAO for the letter states that i should file an affidavit of some sort,,,, so i did try to gather all deposit slips, bank statements and the emails that i have sent before or what ever papers that could back me up as to why and what happened. But then i was told by the woman in the recieving area of PAO that its not needed. I was surprised! Well i got more nervous for it felt like i no longer can explain nor justify anything. I ddnt ask anymore questions for the woman wasnt inviting or maybe she just was not in a good mood that day. Well i know that bouncing cheques or bp22 is breaking the law for it does affect our economy as to what i read, but atty does it mean what i think??? Do i still have a chance to make arrangements if its a small case?? Im willing to pay the remaining amount plus a justifiable penalty or interest for i know that its long overdue but simply cannot afford a one time payment that they kept on insisting. Well i guess to make it short Atty is it still possible to set up payment terms for this given that its already escalated??? What could the scenario be in this kind of case? Do i have the right to negotiate?

Thanks so much Atty your opinion matters!

clars, so it seems that this is a small claims case? this was not a subpoena from the prosecutor's office? it's still not clear, but if the notice is from the mtc, my guess is that it's a small claims.

if it's a small claims case, then take a deep breath and relax. this is only a collection case, not a criminal case.

the pao is correct that your first step is to file a reply. it is a standard form so all your evidence is not yet required, but it is a good idea that you compiled all of them. you can find the forms and rules for small claims at sc.judiciary.gov.ph.

regardless of whether it's a criminal or civil case, you definitely have the opportunity to settle with the creditor. in small claims, the judge will try to get the parties to settle. even in a crim case, you will be eventually sent to mediation where you can settle.

file your answer or else you will be in default.

Hi Atty! Thanks again for your reply and yes the subpoena that i got was from mtc. I read it over and over again to check if im missing anything. The only thing that i ddnt get clearly was i was supposed to file an affidavit or a reply but when i went to pao they said its no need pa daw... thats when i wondered? I even told the girl but its stated there in the letter that i had to file an affidavit thats why im here???? The girl said that the only time it will be filed if needed is after i attend the arraingment, o my did i spell it correctly??? I hope but thats the exact word she used . Thats also the time that i will be bringing the documents or whatever i have. She even said that i will be provided with a lawyer only on that day. I checked the link that you sent me thanks Atty!!! What do you think po?? Do you think what she said is possible that i dont need an affidavit yet and that i just have to show up on the 27th without it??? Thank you thank you!!!

ugh, now i'm confused also. when there is mention of arraignment, it now appears this is a criminal case and the affidavit referred to is your position paper in summary proceedings for a bp 22 case.

but what would be missing from the facts is that there should have been a preliminary investigation before the prosecutor where you would have been given the opportunity to give a counter affidavit.

without mentioning names, could you quote the notice you received?