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Unpaid debt

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1Unpaid debt Empty Unpaid debt Thu Sep 30, 2010 11:37 pm

melojie


Arresto Menor

In October 2008, One of my distant relatives accosted me and asked if she could barrow Php30,000 because accordingly she was in dire need of such amount to settle some obligations. In turn, she gave a reproduced copy the Certificate of Registration and Registration Receipt of her vehicle van L300 and made it as a collateral. I refused to accept the documents but she insisted to leave them. In addition, she made a written promissory note stating therein that she will pay me Php 360.00 daily within 100 days. Tis will include Php6,000.00 thank You gift and not as interest according to her for lending her the amount.
She paid me for 4 consecutive days then afterward no more. I always tried to collect payment but she just paid me whatever amount she had and whatever day she want to. I filed a complaint to the Barangay and we made some settlement but she still refuse to pay me inspite of the promissory note she signed in the presence of the Barangay Lupon.
the Barangay now issued a certification of non-settlement ar concillation of the case.
May I know if I will be the one to file again the complaint to the court or will it be forwarded by the barangay to the court?
What case shall be filed, is it a ground for estafa.
the remaining uncollected amount is Php 16,000.00, Hindi kaya lugi pa ako sa abogado if I will pursue the case?

2Unpaid debt Empty Re: Unpaid debt Fri Oct 01, 2010 8:05 pm

attyLLL


moderator

your proper recourse is to file a small claims complaint. no lawyer necessary. rules on sc.judiciary.gov.ph

don't go for estafa. i don't see grounds for a criminal case.

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3Unpaid debt Empty Re: Unpaid debt Sun Oct 03, 2010 7:07 pm

melojie


Arresto Menor

Thank you for your advice.. . . Sir.
One thing I forgot to mention is that - she also placed her L300 Van together with the CR and OR Registration, however in 2009 she took again the vehicle saying that she will sell or pawn it in order for to to pay me. I agreed to her proposal and I coursed it to the Barangay so that the Barangay will stand witness to our agreement and to her promises (In writing). However further, after taking the vehicle there was no action what soever done to sell or pawn the vehicle. I also discovered that the vehicle is now nearly to be taken by a certain lending institution for the same case of non-payment of obligation.(Nakasangla pala ang vehicle bago isinangla sa akin)
Thank you again sir, and I will file now small claim case in the City Fiscal. More power!

4Unpaid debt Empty Re: Unpaid debt Mon Oct 04, 2010 8:58 pm

attyLLL


moderator

the small claims case is to be filed at the metropolitan/municipal trial court.

now that you mention that the vehicle mortgaged to you was previously mortgaged, that can be grounds for estafa, but you will have to prove all of that with documentary evidence, and that there was a fraudulent intent. if you can, then a case for estafa may prosper.

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