hello. can i please ask for some advise on the matter:
my uncle was paid a cheque and when it was deposited, it turned out the account has been closed. I called up the bank branch (in Makati) concerned and they said it's been closed for a while now. They still have the account holder's info on file but they can't release it (understandably due to bank secrecy laws).
the problem that makes this a little more complicated is that the person who issued the cheque is nowhere to be found and now my uncle's sure the name given is a fake. so basically, there's no physical person to run after, and despite the gullibility of my uncle in receiving the cheque in the first place, a bouncing cheque was issued and there are the legitimate bank info which i hope can help trace this person/real identity.
my questions are:
1. can he file in the first place with only an account number to "identify" this person/persons?
2. where should my uncle file estafa/bp22, what law agency? (police, nbi, barangay where the incident happened?) and does he need a lawyer to file?
3. can this agency be the one to request from the bank branch the needed info?
4. the amount's 15,000-- will the cost, if any, of the whole procedure be worth it or cost more than the amount concerned?
5. if the account holder turns out to be an "inc." not a sole prop/single individual, dissolved or not, is there any way to get the money back?
6. if that cheque wasn't from the real owner (let's say it was stolen by this scammer) is the real account holder liable?
TIA!!
my uncle was paid a cheque and when it was deposited, it turned out the account has been closed. I called up the bank branch (in Makati) concerned and they said it's been closed for a while now. They still have the account holder's info on file but they can't release it (understandably due to bank secrecy laws).
the problem that makes this a little more complicated is that the person who issued the cheque is nowhere to be found and now my uncle's sure the name given is a fake. so basically, there's no physical person to run after, and despite the gullibility of my uncle in receiving the cheque in the first place, a bouncing cheque was issued and there are the legitimate bank info which i hope can help trace this person/real identity.
my questions are:
1. can he file in the first place with only an account number to "identify" this person/persons?
2. where should my uncle file estafa/bp22, what law agency? (police, nbi, barangay where the incident happened?) and does he need a lawyer to file?
3. can this agency be the one to request from the bank branch the needed info?
4. the amount's 15,000-- will the cost, if any, of the whole procedure be worth it or cost more than the amount concerned?
5. if the account holder turns out to be an "inc." not a sole prop/single individual, dissolved or not, is there any way to get the money back?
6. if that cheque wasn't from the real owner (let's say it was stolen by this scammer) is the real account holder liable?
TIA!!