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Free Legal Advice Philippines » FREE LEGAL ADVICE » OBLIGATIONS & CONTRACTS | CREDIT TRANSACTIONS » Enforceable(valid) or void

Enforceable(valid) or void

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1Enforceable(valid) or void Empty Enforceable(valid) or void Wed Jun 28, 2017 4:12 pm

Elyash


Arresto Menor

I am an international student from philippines currently stays in usa as j-1 visa. I would like to extend my stay in the usa but i signed a contract(certificate of financial support) in a travel agency that says i cannot extend or illegally stay in usa. If i do so my guarantor will have to pay 1.5million pesos. All parties involved signed the contract and notarized. Is the contract valid or void? If you need more details to make a decision please ask me. Thank you.



Last edited by Elyash on Wed Jun 28, 2017 4:37 pm; edited 1 time in total

2Enforceable(valid) or void Empty Re: Enforceable(valid) or void Wed Jun 28, 2017 4:22 pm

Jadis

Jadis
Reclusion Perpetua

You will have to take that up with the travel agency. And you consented to this arrangement, did you not?

Don't be an asshole. They will go after your guarantor.

3Enforceable(valid) or void Empty Re: Enforceable(valid) or void Wed Jun 28, 2017 4:25 pm

Elyash


Arresto Menor

So i'f i am planning to stay in usa. I have to pay the 1.5m to the agency? I am not being an asshole, i am just being practical. Sorry if i offended you and hurt your moral or whatever. I am just trying to look for options. I am one of those people too. Who seek for a better life abroad.



Last edited by Elyash on Wed Jun 28, 2017 4:46 pm; edited 1 time in total

4Enforceable(valid) or void Empty Re: Enforceable(valid) or void Wed Jun 28, 2017 4:28 pm

Elyash


Arresto Menor

All i need to know is if the contract is valid or void. Thank you.

5Enforceable(valid) or void Empty Re: Enforceable(valid) or void Wed Jun 28, 2017 4:31 pm

Jadis

Jadis
Reclusion Perpetua

That will affect the agency's status, especially if you intend to stay in the United States illegally. If that is the contract that you signed, that is the consequence.

They will go after your guarantor. If you signed post-dated checks, to stand as guarantee, they could en-cash that as well and if they bounce they could file criminal cases against you.

6Enforceable(valid) or void Empty Re: Enforceable(valid) or void Wed Jun 28, 2017 4:40 pm

Elyash


Arresto Menor

I will be staying in usa legally. I already filed for an extension and the lawyers here said that i cannot go back to philippines to settle my affairs because my pending extension will be automatically disapproved as soon as i go back to philippines. What if my guarantor will just ignore their subpena?

7Enforceable(valid) or void Empty Re: Enforceable(valid) or void Wed Jun 28, 2017 4:58 pm

Jadis

Jadis
Reclusion Perpetua

Cases don't go away just because you deliberately choose to ignore a subpoena.

Judgment can be issued in default. The fact that you are in the United States will just toll the period within which they can come after you.

8Enforceable(valid) or void Empty Re: Enforceable(valid) or void Thu Jun 29, 2017 1:21 am

Elyash


Arresto Menor

This program in our school is up for 8 years now. And there's a lot of students who never return to philippines either legally or illegally. But never once i heard that they pay for 1.5m.

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