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Free Legal Advice Philippines » FREE LEGAL ADVICE » OBLIGATIONS & CONTRACTS | CREDIT TRANSACTIONS » syndicated estafa

syndicated estafa

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1syndicated estafa Empty syndicated estafa Wed Dec 29, 2010 12:23 pm

august


Arresto Menor

i'm trapped into usurious lending. some of the creditors charge 5 to 12.5% per month.. i dont have means to pay the interest since i lost my job. they threaten me if the interest will not be paid, syndicated estafa case will be filed against me. please advise me what to do...

2syndicated estafa Empty Re: syndicated estafa Wed Dec 29, 2010 7:33 pm

attyLLL


moderator

did you issue checks? is there a written agreement where it clearly states you are undertaking a loan and the rate of interest? if there are docs, what do they say?

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3syndicated estafa Empty Re: syndicated estafa Thu Dec 30, 2010 12:56 pm

august


Arresto Menor

yes. i've issued checks representing payment for interest (monthly basis). when they've learned i can no longer pay the interest, they asked me to sign a PN to pay the principal on a certain date.

4syndicated estafa Empty Re: syndicated estafa Thu Dec 30, 2010 1:41 pm

attyLLL


moderator

the possible criminal case they will file against you will be for any bounced check, not syndicated estafa.

you can use the promissory note as a defense against estafa and the bp 22 is it was meant to change your previous obligations, good luck.

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5syndicated estafa Empty Re: syndicated estafa Tue Jan 11, 2011 11:11 am

august


Arresto Menor

atty., when can it be considered a syndicated estafa? there are two creditors involved here. they threaten me to pay them in full otherwise, a syndicated estafa case will be filed against me and my husband (my husband does not know anything about it). an hdo will be issued against me and my family. the application fee of hundreds of thousands and atty's expenses will be shouldered by me.

6syndicated estafa Empty Re: syndicated estafa Fri Jan 14, 2011 11:06 pm

attyLLL


moderator

what documents if any did you sign?

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7syndicated estafa Empty Re: syndicated estafa Sat Jan 15, 2011 2:42 am

august


Arresto Menor

at first, only pdc's wre given to them representing monthly interest. when they've learned that i can no longer pay the interest they asked me to sign a promissory note. they are asking for our house to be used as collateral (which belongs to my parents). they threaten me that once case is filed, id be served a warrant and will be sent to jail immediately (no bail). im trying my best to settle this amicably, but for them, the amicable settlement would be ill be paying the interest monthly til i could repay the whole amount.

8syndicated estafa Empty Re: syndicated estafa Sat Jan 15, 2011 11:45 am

attyLLL


moderator

you can be charged with bp 22, but the estafa and no bail is a bluff. you cannot be arrested immediately because the case has to undergo preliminary investigation.

i would not recommend putting any house as collateral. if you are not able to pay, they can take the house by foreclosing on it.

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9syndicated estafa Empty Re: syndicated estafa Tue Jan 18, 2011 9:41 pm

august


Arresto Menor

they also threaten me they would be publishing my picture in the newspapers (notice to the public). they even included my husband in their complaint (my husband does not know anything about this). can an hdo be issued against us?

10syndicated estafa Empty Re: syndicated estafa Wed Jan 19, 2011 10:01 pm

attyLLL


moderator

only by the regional trial court. but if they actually filed a complaint in the prosecutor's office they can request for issuance of 60 day watchlist order.

https://www.facebook.com/BPOEmployeeAdvocate/

11syndicated estafa Empty Re: syndicated estafa Thu Jan 20, 2011 12:55 pm

august


Arresto Menor

can they also file a complaint against my husband? what about the threat that they are going to publish my picture in the newspapers? would that be possible?

12syndicated estafa Empty Re: syndicated estafa Fri Jan 21, 2011 9:49 am

attyLLL


moderator

if they publish your picture, you can initiate a libel case against them.

they can try to collect from your husband.

https://www.facebook.com/BPOEmployeeAdvocate/

13syndicated estafa Empty Re: syndicated estafa Sun Jan 23, 2011 10:13 pm

august


Arresto Menor

will i be imprisoned if i cannot settle the debt immediately? they want to take some of our things (appliances, furnitures, and even the car which is still encumbered). can they just do that?

14syndicated estafa Empty Re: syndicated estafa Tue Jan 25, 2011 3:00 pm

attyLLL


moderator

please see post no. 8 regarding arrest.

only a court sheriff with valid court order can do that. they are just harassing you to pay.

https://www.facebook.com/BPOEmployeeAdvocate/

15syndicated estafa Empty Re: syndicated estafa Wed Jan 26, 2011 10:13 am

august


Arresto Menor

i forgot to mention that the money they gave was really meant to be lend to other people. there was no written agreement on that. to make the story short, eventually ako na yung naging borrower. i tried to pay the monthly interest but when i lost my job, i asked them if i can slowly settle the loan wthout paying the interest anymore. they threaten me this would be filed directly at mtc and with nbi because the amount qualifies as large scale estafa amounting to over a million pesos.

16syndicated estafa Empty Re: syndicated estafa Tue Feb 05, 2013 12:41 pm

sassy178


Arresto Menor

Very similar d2 yung situation ng friend ko. Pwede kaya sya magfile ng TRO? sobra kasi sya iharass ng lender

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