Bench Warrant

Good day po! May we please seek advise about this message my sister got thru text. This is the message she got:

METROPOLITAN TRIAL COURT:

Expect our official common to issue your COURT ORDER (Bench Warrant) exactly from 3pm (May 20, 2017) together with Sheriff to issue Writ of Preliminary Attachment to garnish your real and personal property at City of Makati. Please be inform for your voluntary surrender to avoid commotion in your area. Atty. Jose dela Paz.

We tried to call this Atty. dela Paz. He said this was about my sisters outstanding debt with Doctor Cash. The lawyer told us that my sister is being sued for a total of 46,000 and he asked if we want to settle out of court. I confronted my sister about this so called loan and she admitted that she did had a loan with Doctor Cash of 5,200.00. She was able to pay the 2000 but then she was not able to pay the rest. We were just confused on how it reached to 46,000. Should we be worried that my sister will get arrested for her outstanding debt? Please advise. Thank you very much.

Be worry, but not too much. Section 20, Article III of the 1987 Constitution provides, thus: "No person shall be imprisoned for debt or non-payment of a poll tax." Although there can be imprisonment involving debts in cases of B.P. 22, the Trust Receipts Law, Credit Cards, etc. Your case does not belong to any of the foregoing, anyway.
    On the first hand, there is the so called Small Claims Law, wherein there is no need for the usual Court proceedings wherein you will hire a lawyer and it is the Regular Court that will take cognizant of the case. It is just a sort of a mediation proceedings. If the amount of debt does not exceed Php100,000.00 it falls under the coverage of such Small Claims Law.
   The legal interest (for instance, on awards by the Court, obligations other than loan or borrowing of money or property, etc.)  is now 6% per annum. But if it involves
forebearance (loan/borrow) of money, it is 12% per annum.
I heard from a lecturer in Civil Law, Atty. Teresita Cruz, last year, that in both instances (forebearance of money or otherwise) the interest is now 6% per annum.
    The Court or Small Claims Law implementor might make a decision on such amount of interest, aside from the principal or damages/Attorney's fees. But take note that under the Small Claims Law you need not hire a lawyer. If you undergo through the proceedings under the Katarungang Pambarangay, on the other hand, lawyers are not allowed to appear, so you need not pay for the services of a lawyer, neither will the creditor.
   The following matters might no longer apply to your situation. But they might be informative even to other debtors and creditors as well. The collection of debt prescribes in 5 years. There must be a formal demand within that 5-year period. Otherwise, the creditor loses his right to collect the debt. Some collectors are hesitant to make a formal demand letter, especially if they have no license to operate a lending business. If the amount involved is too small they will just abandon the debt. But if it is big (for instance, it exceeds Php100,000.00) they have to file a case in Court. But the interest will be limited to 6% per annum. They might also pay for the services of a lawyer. On the other hand, it might not be practicable for the Court to be awarding Attorney's fees (This is not supposed to be an award to the Attorney by the winning litigant but this is an award to the winning party, in the form of damages payable by the losing party.) I heard recently that the so called five six scheme of lending money is illegal. I even heard that warrantless arrest might apply against the collectors like the typical Bombay. Warrantless arrest means that a citizen ('s arrest) can effect an arrest under Rule 113 of the Rules of Court, when in his presence, a crime has been committed, actually being committed or the person to be arrested is attempting to commit it.
   By the way, borrowing money with the intent not to pay it should never be made a habit. No one is imprisoned for non-payment of debt but a debtor can get killed for non-payment of debt. Imagine what kind of face a debtor can show to a creditor whom he has never paid. Life is just like a wheel. there might also come a time that one's finances would improve and he now has capability to pay his debt. "A debt never grows old for an honest man to pay."
    I hope I have shed light on your legal question.
NOTE: I am not yet a lawyer. I am yet to take the Bar this coming November this Year. Please consult other legal minds, preferably from the Public Attorney's Office. It appears that you are not in a position to hire a Lawyer because the amount involved is too minimal.

Hi Sir,

Just wanted to ask, cause i also received the same text. What happens if the loan is more than 100,000? I admit that i have been delinquent in my loan payments but i have no plans to abandon or not pay it. Due to personal reasons i had to resign from my job that's why i was not able to pay.

I also received the same text from a supposed Pasig Prosecutor couple of weeks ago. I called the number to fish some info and he referred me to the complainant's lawyer. I wanted to really curse the lawyer who pushed hard in intimidating me as to why I am not yet detained for estafa. I am not a lawyer but I read and research a lot being a jounalism graduate.
Anyway, same company as above, I failed to pay them due to financial burden when my father was dying. I tried to reach out to them the soonest I could. I even emaild them but to no avail.

I am not paranoid but I talked to a lawyer as a proactive measure in case further harassment and even coercion arise.

Ok lang singilin pero dapat sunod sa dept collection guidelines ng batas at hindi nag aabogadohan sabit naman.

This modus is getting really old I wonder why so many people still fall for it.

As for taking on credit terms with companies such as that, or failing to pay credit cards on time the rule is simple: DO NOT BUY WHAT YOU ARE SURE YOU CANNOT PAY FOR AND ALWAYS PAY ON TIME.

That being said, there is no point being haughty or arrogant or triumphant in the fact that you will not go to jail because of a debt. Just pay up, and when you cannot, humble yourself and make arrangements on how to go about your legal obligation.

Dondon Rubio wrote:Be worry, but not too much. Section 20, Article III of the 1987 Constitution provides, thus: "No person shall be imprisoned for debt or non-payment of a poll tax." Although there can be imprisonment involving debts in cases of B.P. 22, the Trust Receipts Law, Credit Cards, etc. Your case does not belong to any of the foregoing, anyway.
    On the first hand, there is the so called Small Claims Law, wherein there is no need for the usual Court proceedings wherein you will hire a lawyer and it is the Regular Court that will take cognizant of the case. It is just a sort of a mediation proceedings. If the amount of debt does not exceed Php100,000.00 it falls under the coverage of such Small Claims Law.
   The legal interest (for instance, on awards by the Court, obligations other than loan or borrowing of money or property, etc.)  is now 6% per annum. But if it involves
forebearance (loan/borrow) of money, it is 12% per annum.
I heard from a lecturer in Civil Law, Atty. Teresita Cruz, last year, that in both instances (forebearance of money or otherwise) the interest is now 6% per annum.
    The Court or Small Claims Law implementor might make a decision on such amount of interest, aside from the principal or damages/Attorney's fees. But take note that under the Small Claims Law you need not hire a lawyer. If you undergo through the proceedings under the Katarungang Pambarangay, on the other hand, lawyers are not allowed to appear, so you need not pay for the services of a lawyer, neither will the creditor.
   The following matters might no longer apply to your situation. But they might be informative even to other debtors and creditors as well. The collection of debt prescribes in 5 years. There must be a formal demand within that 5-year period. Otherwise, the creditor loses his right to collect the debt. Some collectors are hesitant to make a formal demand letter, especially if they have no license to operate a lending business. If the amount involved is too small they will just abandon the debt. But if it is big (for instance, it exceeds Php100,000.00) they have to file a case in Court. But the interest will be limited to 6% per annum. They might also pay for the services of a lawyer. On the other hand, it might not be practicable for the Court to be awarding Attorney's fees (This is not supposed to be an award to the Attorney by the winning litigant but this is an award to the winning party, in the form of damages payable by the losing party.) I heard recently that the so called five six scheme of lending money is illegal. I even heard that warrantless arrest might apply against the collectors like the typical Bombay. Warrantless arrest means that a citizen ('s arrest) can effect an arrest under Rule 113 of the Rules of Court, when in his presence, a crime has been committed, actually being committed or the person to be arrested is attempting to commit it.
   By the way, borrowing money with the intent not to pay it should never be made a habit. No one is imprisoned for non-payment of debt but a debtor can get killed for non-payment of debt. Imagine what kind of face a debtor can show to a creditor whom he has never paid. Life is just like a wheel. there might also come a time that one's finances would improve and he now has capability to pay his debt. "A debt never grows old for an honest man to pay."
    I hope I have shed light on your legal question.
NOTE: I am not yet a lawyer. I am yet to take the Bar this coming November this Year. Please consult other legal minds, preferably from the Public Attorney's Office. It appears that you are not in a position to hire a Lawyer because the amount involved is too minimal.

I recall the story my Civil Procedure professor, Court of Appeals Justice Pablito Perez told about the drunk and the lamppost.

Hi,

Natatakot po ako. I don't have a job for 5 months now and I have 5 kids. Need your advice.Please

May tumawag po sa akin ngayon nagpakilalang piskal ng taguig. Tapos ngtext po siya, ito po nakalagay:

" Prosecutor's Office Advisory:
Ma. Liza Jamora Penaranda versus People of the Philippines, complainant: Atty. Norleen C. Ablan
Case File: Violation of Republic Act 8484 under article 315-318 or Staffa Case: No. CC-17-2-073618-7 for Civil Case
Criminal Case: CC-17-1-09310-7

City Prosecutor Office Advisory:
" Your complainant party has a direct filed complain with attachment of evidence in the prosecutors office. Expect our Police District office to serve your Bench Warrant at your address. Please call this number for inquiry. Please be informed for your voluntary surrender to avoid commotion at your place.

Attorney James Villamor
City Prosecutors Office, Taguig

tawagan mo directly yung prosecutor's office ng taguig (not the number who contacted you) and check with them kung may case ka ba talaga sa kanila.

I seriously will not believe someone who claims to be a representative of the Prosecutor's Office and spells ESTAFA wrong.

Estafa po talga ang case na ipinafile kung credit card debt. Natatakot po aq bka makulong ako hindi lang para sa akin pti sa mga anak ko, wala lang tlga akong means pra makapagbayad dahil wala akong work, nag-aaply po ako kso hindi ako matanggap

No one can be imprisoned for the non-payment of a debt.

There is no recourse but to find a way to pay. The collection agency does not care about your personal circumstances, all they care about is you defaulted in your payments, and they have to exert pressure on you to get you to pay.

Talaga po bang tumatawag at nagtetext ang attorney ng prosecutor's ofc. He also told me " wag k ng magtago ng haling itong kontak number s NTC "

Matagal nang modus yan ng collection agency.

Tanungin mo kung sino ba siya at kung ano ang Roll No. niya. Madali lang naman i-Google kung totoong piskal yan.

Hi po,

Chineck ko po sa goggle ung attorney n nag-complain daw po sa akin: Atty. Norleen C. Ablan, wala pong lumabas, may mga atty. Ablan, name po e Michael and James pero sa US po c lawyer. Ibig po bang sabihin gawa-gawa po ito? Pede po b akong magfile ng harrassment? Sobra n po kc.

Yza143 wrote:Hi po,

Chineck ko po sa goggle ung attorney n nag-complain daw po sa akin: Atty. Norleen C. Ablan, wala pong lumabas, may mga atty. Ablan, name po e Michael and James pero sa US po c lawyer. Ibig po bang sabihin gawa-gawa po ito? Pede po b akong magfile ng harrassment? Sobra n po kc.

Yes, but then again, how sure are you that they are using their real names?

@Yza 143

Same thing din nangyari sa akin. 6k lang niloan ko sa kanila nong nahospital ang tatay ko...eventually namatay.
Delayed ako nagbayad, I asked for extension given my situation, d na nila ako nireplyan. Tumawag ako at nag email sa loan company hanggang ang 6k ay lomobo saka don na sila nagparamdam. As per the loan company, nasa collections na ang loan ko. Which means to say benenta na nila ang account.
I did my best para makipag arrange sa collections na tumawag noong una para mabayaran, hanggang di na naman matawagan mga number na binigay. Hanggang sa naglaro na sila ng threat cards. Ang nakakatawa lang dito ay ang text regarding bench warrant. Any lawyer in this forum would find that ridiculously bogus na mag bebench warrant kaagad siguro. Second, nasa bill of rights din na di pwedeng makulong dahil sa utang. Estafa na kaso, masyado naman nilang ni raise ang degree ng pananakot. I google mo may mga elements ang estafa na hindi pasok ang personal loan.
Minsan kase nakakadala ang pananakot given the worst case scenario na sinasabi nila na makulong ka.
I have a lawyer friend na kinausap ko regarding this. With all fairness to him pinagsabihan pa ako na wag na mngutang next time kung di kaya bayaran. Lol
Pero sabi niya, lumang tugtugin na tong ginagawa ng collections, resorting to threats like these, at minsan may mga abogado din na involved. Ganon kadumi. Hehe
Ako willing ako magbayad at least half ng lomobong sinisingil basta maayos lang sana sila maningil.

But I'm inclined to the belief na pananakot lang to at aksaya sa oras.

Thank po sa info at least khit papano nabawasan ang takot at alalahanin ko.

Ask lang sana ako ng update regarding your case kc my brother td me of the same txt msg.he recieve from that atty. Jose dela paz..same case he got loan from dr. Cash..


on Sat May 13, 2017 1:46 pm
by blue_gem76
Good day po! May we please seek advise about this message my sister got thru text. This is the message she got:

METROPOLITAN TRIAL COURT:

Expect our official common to issue your COURT ORDER (Bench Warrant) exactly from 3pm (May 20, 2017) together with Sheriff to issue Writ of Preliminary Attachment to garnish your real and personal property at City of Makati. Please be inform for your voluntary surrender to avoid commotion in your area. Atty. Jose dela Paz.

We tried to call this Atty. dela Paz. He said this was about my sisters outstanding debt with Doctor Cash. The lawyer told us that my sister is being sued for a total of 46,000 and he asked if we want to settle out of court. I confronted my sister about this so called loan and she admitted that she did had a loan with Doctor Cash of 5,200.00. She was able to pay the 2000 but then she was not able to pay the rest. We were just confused on how it reached to 46,000. Should we be worried that my sister will get arrested for her outstanding debt? Please advise. Thank you very much.

May nagtext din sa tl ko about na ganito pero hindi po nakalagay kung ano ang kaso at sino nagfile ng case. If ito po yung sa lending i tried calling them and the collection agency pero they are not replying or answering my calls. willing naman ako to pay them pero sila yung ayaw makipagcoordinate with me. Nanghingi ako ng terms para to pay my debts pero hindi nila ako binigyan. ano ba kailangan kong gawin regarding this one. please advice. bakit po sa ibang # sila nagtetext though alam naman nila yung # ko.

Good day!
Hingi lang po sana ako advice regarding sa loan namin. Nagloan po kasi ang asawa ko sa pjh lending corp. para sa placement fee nya for saudi. pinagopen nila ako ng bank acct to issue PDC since ako ang asawa and at the same time co-maker. Nung nagbabayad na kami monthly lagi po late ang payment namin ng 1-2 weeks kasi late din magpasahod company ng asawa ko. So ung payment namin may kasamang penalty charges. Malala lang po recently dahil 4 weeks na wala pa sahod asawa ko, kahit sila din po hirap na makabili ng pagkain dun. Nakiusap po ako sa lending company na pakihintay lang at magbabayad naman kami. Ayaw po nila pumayag at ang gusto gawan ko paraan mangutang daw muna ako. Sabi ko ayoko na po mangutang at mababaon lang ako, dahil may tubo lahat ng nagpapautang dito. Sinabihan po ako last Wednesday na magreport sa office nila by friday (sept 15, 2017). Nagconfirm naman po ako. Kinabukasan nagtxt po tatay ko, 2 pinsan ko, 2 kapatid ko at 2 kaibigan ko. Forwarded message from pjh lending na sinasabing magreport daw ako sa friday regarding our loan. Nagtanungan na po sa akin ano nangyari at problema. Naistress po ako, I feel demoralized. Parang pinagkalat pa nila na di ako nagbayad ng obligasyon sa kanila. Tama po ba ginawa nilang pagtetext sa mga kamaganak ko? Bothered po ako masyado sa ginawa nila. Di naman ako tumatalikod sa utang, nakikiusap nga po ako sa kanila at sinabihan din sila ng asawa ko na dodoblehin ang payment once narelease na sahod nila para updated pa din. Hiyang-hiya lang po ako sa ginawa nila, pati tatay ko bothered din sa pagkakatxt nila.

^tandaan mo na ang mga lending companies ay business yan kaya hindi sila nadadaan sa pakiusap or sa awa.
pano naman nila nakuha number nung mga tinext nila? kayo ba nagbigay?

I have the same message and has the name of att. Jose Dela paz. Only notice is thru sms. Any update about this. I know im paid.

Yung mga number po ng relatives ko na tinext nila ay nasa character reference lang. Pero di ko expect na ganun ang purpose nila.

Good day po,

I have an auto loan with a bank, i have a remaining 8 months to pay to full pay it (updated payment). Unfortunately, i also have a credit card with the same bank that is already past due for 3 years now. My questions are:

1. Do the bank have the right to hold the release of the orig OR/CR and cancellation of Chattel Mortgage if i fully paid my auto loan with them?

2. Can they garnish my car as payment in case they file a collection case against me?

3. Does the effectivity of the Auto Loan Contract ends when the loan is fully settled?

I am planning to sell the car after it is fully paid to support the medical expenses of my father. Really need advice. Thank you very much in advance, will greatly appreciate it.

I receive the same text message above.

Question ko lng po sa naunang ngshare about the text message:

1.May pumunta ba talagang authorities sa inyo at ngserve ng Bench Warrant?
2. If yes, ano po ang nangyari? I would really appreciate if you can share more information.

Thank you!