BP22 SETTLEMENT

I would like to seek some advice. I filed a BP22
case last May 2007. My case was processed and it
reached up to mediation and was settled. However,
the decision was that the accused should pay me
50,000 quarterly for the next 2 years. However, it
has already been a year and the accused is only
paying me 30,000 for 4 quarters. Sometimes with
delayed payments. Can I file for a writ of execution?
what are the different scenarios that may happen?
BTW, the accused is rich business woman who is
earning 150K a month (based on the information
she gave the mediator in her capacity to pay and
i'm only an employee trying to invest a retirement
pay. Please help.

start with filing a manifestation in court that she is in violation of the terms of your amicable settlement. make sure it is copy furnished to her.

what does your agreement say about failure to abide with her obligations? does the case continue or there is just an acceleration clause?

Hi,
It is stated in the decision signed by the
mediator and the presiding judge that "Failure by
the SECOND PARTY to effect payment for two (2)
consecutive quarters shall render the entire sum
due and demandable, and shall vest on the FIRST
PARTY the right to secure a writ of execution of
the present agreement, and a revival of the
criminal case subject of the present compromise
agreement."
If I will file the writ of execution, does this
mean that i have to go through the process of
filing the case again in court? I have no more
money to spend in fillig the case again. That's
why I'm just posting my case here looking for
alternative solutions. I just want my money back
for me to start a small business.
Thank you

You dont need to file a new case in court..You'll just file a motion for execution in the court where your present case is pending..saying that your debtor has failed to comply with the agreement and that you are enforcing the right given to you by the compromise agreement that was previously approved by the court.

ok, start with a letter to her informing her that she is in violation of her obligations. then if she does not comply your remedy is to revive the case and ask for execution.

I have a constant communication with her through text messages specially when its time for her to pay her dues and also to with her lawyer. Many times I mentioned in my email about the decision in court and even email the decision to her lawyer. Still, she pays me less than what was agreed. My former lawyer told me that should I filed a writ of execution and she insist that she can't comply to what was agreed and will request to recompute her payment, payment terms would end longer. She is very cunning as if she had experience with this kind of case before that she knows how to get the better end of the negotiation in court. Personally, I felt i lost the case because I can't get the lump sum of my money to restart my investment but I got a measly 2 year term payment. She can do this again to other innocent retiree like me and will again leave the court room paying her crimes in a two year payment terms.

then your remedy is to file a manifestation that there is breach of the settlement and motion for execution.

HI,

Ask ko lang po ung wife ko po ay may utang na worth 700,000 upang ipuhunan sa isang business transaction ngunit sa kasawiaan palad nalugi po ito. sa record namin ay naka pag bayad na siya ng almost 680,000 ung una po ay wala naman silang nasulat na kasunduan verbal lang. Nang di na po maka bayad ang asawa ko nag demand po ang pinagkaka utangan niya nag kita po sila sa isang piskalya sa las pinas sa takot po ng asawa ko na makulong at sa dala na rin po na di siya sanay na makaharap ng piskal napa pirma po siya sa isang kasunduan at napilit po nilang mag issue ang asawa ko ng mga cheque sa halagang 400,000 (walong) cheque 50,000 each yong unang dalawang cheque ay nabayaran ng asawa ko ngunit sa kasamaang palad nawalan siya ng trabaho at nag sara n rin po yong account niya na kung saan ay nag issue siya ng cheque. noong una po ay nakipag usap siya sa pinagkakautangan niya at napagkasunduan nila na magbabayad siya ng 10,000 kada buwan para sa mga natitira pang cheque ngunit mabigat po yon para sa aking asawa dahil umaasa lang po siya sa aking suntento dahil wala naman po siya hanap buhay ngaun. Ngaun po may dumating na sulat sa amin na nag sasabing naka set po yong arraignment and trial sa feb. 25, 2011 pero kakatangap lang po niya ng sulat noong feb 13, 2011 pinag sasa submit din po siya ng counter affidavit. Ano po ba ang maganda naming gawin gusto po kasi naming mabawasan yong babayaran namin kasi halos interest na lang po yon at kung mababawasan po ay magbebenta na lang kami ng mga gamit para mapunuan yong pagkaka utang ng aking asawa. Naawa po kasi ako sa aking asawa at sa aking anak masyado na po siya naapektuhan dahil po sa takot di naman po namin gustong manloko ng tao at willing po kaming mag bayad

sana po ay matulungan niyo kami kung ano po ang gagawin namin sa kadahilanan na wala naman po kaming pang bayad ng abogado at di po kami marunong gumawa ng counter affidavit wala naman po kaming natatangap na sulat bukod po sa nabangit ko kanina.....MARAMING SALAMAT PO IN ADVANCE AND GOD BLESS

what case was filed against her? if the contract was verbal, she wouldn't have been liable for interest, and failure to pay a debt is not a crime.

sorry to have to say this, but you could have avoided all this if you had spend for a lawyer to guide you.

she has to attend the hearing and file her counter affidavit else the court will issue an arrest warrant.

there will be many opportunities to settle in a bp 22 case. perhaps she wasn't even given a written notice that the check was dishonored hence bp 22 will not prosper

2 case po yong na file ng pinag kaka utangan namin yong isa estafa then bp 22 according to the letter na natangap namin dismiss yong estafa only 6 count of bp 22 prosper.... nasabi ko nga po sa wife ko kasi po back then ay nag hiwalay kami for some reason kaya di ko rin siya nagabayan kung di siya nag issue ng cheque wla sanang kaso... attty. di po kami marunong mag gawa ng counter affidavit e. wala naman na kaming money to afford a lawyer dahil po nalugi na lahat noong panahon ng financial crisis di pa rin kami nakakabawi... pwede rin po ba na umattend siya na walang kasamang lawyer o pwede kaming mag ask ng assitance sa PAO office thanks....

atty ung letter po na pinadala ay di naka abot sa amin since na sa kapit bahay namin pina receive yong sulat na verifiy ko po nung nabasa ko ung copy na galing sa court the cheque was dated dec 2008 to may 2009 pero nag padala cya ng sulat april 23, 2010 na di naman po namin natangap... pwede pa po b mag prosper ung kaso

if the account was not closed, then they will have to prove that the notice of dishonor was actually received. yes, you can approach PAO.

hello!
    I would like to ask if we have the right to counter sue the plaintiff who sue my husband for bp 22, mu husband was arrested and detained because as per court he did not attending the hearing but the truth is we haven't received any letter from the court, hinakutan nila kami ng gamit while my husband is in detention, and do they have the right to pull out while the case is still in the court? without resolution yet?