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Legal ways to settle 9 years credit card debt

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Valentine girl


Arresto Menor

Hi, need advise on this. Started my credit card 2007, but due to financial situation d ko nabayaran and my bill ballooned to 150k. The bank file a lawsuit and in 2009, after the judge decisin, need ko magbayad ng 215k. Pero, di ako nakabayd sa hinihingi nila, kung sana that time me pambayad ako d ko na pinaabot pa sa court. Now, i am gonna settle my credit card debt,, and here's my agony. 1. The Bank legal counsel handed me letter, demanding to pay not 215k but 700k instead (kaya pala, from the date of decision, they started to charge me monthly na dumadagdag pa dun sa 215k na dapat kong bayaran, possible ba yun) 2. They told me the sheriff will come to my house to seize my property (which is my house 28sq.m. Inherited from my father, with appraised value of 200k (i told them it's not possible coz that's against the family code) 3. They also told me the sheriff will freeze our savings account. Now, i emailed them requesting if possible i want to settle my debt after the judge decision which is 215k. Ayaw nila pumayag, instead, dinoble na lang nila, 433k na lang daw bayaran ko sabi ng bangko. Sa aking opinion, sobra sobra nman kung pipilitin nila ko to pay that huge amount. Ang monthly salary ko lang ay 16k, sa tingin ko sa bank legal counsel na yun ay loan shark na lahat lahat kukunin sayo at wala na ititira. Please advise me on this. Thank you.

attyLLL


moderator

actually, you shouldn't be talking to them anymore if they filed a case against you. they only had 5 years to collect with the help of the sheriff. after that, they have to file an action to revive judgment. after 10 years, the right to collect based on the judgment is gone.

if you do talk to anyone, it should be with the sheriff of the court.

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Valentine girl


Arresto Menor

Thank you very much for your reply. But, can i ask what is the best way na pwede ko gawin, because i want to settle now my credit card debts.

attyLLL


moderator

again, talk to the sheriff of the court where the case was decided. your obligation is to pay based on the decision

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budz_1234


Arresto Menor

just curious, what are the grounds for filling the case against you? did you give a promissory note affixing your signature?

in my 6years, credit collectors threat me that they will file a legal case against me but i did not receive any legal notice from court, instead the credit collector always sends summon to be without any signatures from which i did know its not valid.

Valentine girl


Arresto Menor

@budz_1234 Civil case for collection of sum of money. I did not sign anything, no contracts too. My cc was pre approved. We received summons at pumunta kami sa hearing. But after judge decision, at di pa rin namin na settle yun payment wala namang nagpuntang sheriff sa bahay. Check mo yun letter if meron civil case #, verify mo sa court kung san man yan galing letter of summon. Gagawin lahat ng collection agency ang pananakot thru legal ways (kuno) para makasingil sila.

budz_1234


Arresto Menor

yes, talagang ganun ka tindi ang mga collecting firm.. i tried to settle my Chinatrust loan since meron naman talaga akong pinirmahan na Promissory Note since loan yun hindi credit card, pwd talaga silang mag file ng civil case sa small claims as what happened to my friend and it became so much hassle since that friend need to fly to Taguig together with a lawyer to negotiate with the collecting firm, that collecting firm adds the the amount they spend for filling the case and everything so medyo malaki talaga yung na agreehan na settlement.

in my case naman when i approach the lawfirm when their letter arrives i was not expecting na they would offer me less amount of settlement but again i did this since sa Chinatrust i know i signed a promisory note unlike sa Credit Cards na wala talaga, so since that money is used by me for good reason i agreed to settle but its 3times less than what is in the Final Demand Letter, i computed it and compared to the amount unpaid of my loan it is doubled but it is very convenient for me to settle within 6mos zero interest.

8case - Legal ways to settle 9 years credit card debt Empty Estafa case Fri Sep 02, 2016 7:15 pm

Laine0703


Arresto Menor

Goodpm. I badly needed legal advice. Ganito kasi may umutang samen ng 100k payables for 3 mos with 10% monthly interest. May contract yun and agreed na mag installment siya. She issue postdated checks amount to 50k, 50k and 30k. Then before mag due ang first check nagparediscount siya ng checks nag issue siya ng check para dito. So nung dumating na yung date ng first check almost kasabay ng mga naiisue na para sa mga pina rediscount niya. Infortunately, nag bounced due to account closed. Pumunta kami ng mtc para sana magfile ng small case dahil puro paasa lang ang ginagawa. Then we advised to give muna demand letter before magfile ng case. Kaso di maserve ang demand letter dahil sinasabi ng guard since sa condo nakatira na wala na daw dun lumipat na. Pero duda kami dun. Nagpunta kami ng barangay and found out na marami kaming kaso pero di pumupunta sa patawag dahil same scenario di maserve ang payawag dahil nirereject ng guard. So pano na gagawin namen? Pwede bang maging criminal case yun para naiisue han ng warrant or ma wanted siya. Dahil nagtatago na. Di nagpapakita samen. Thanks

rockpiper


Arresto Menor

report mo sa NBI na nagtatago na.

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