Unpaid Lending Loan.

Pwede po ba makasuhan ng estafa sa unpaid lending loan? Umabot na ng 100k.. Gusto ng lending office with in 5 days mabayaran yung utang.. Kung hindi mag sasampa daw sila ng kaso na estafa..

It depends if they can prove it in court.

One of the elements of estafa is by using deceit in order to get the money. They have the burden of proof in proving such. Since this is a criminal case, it requires a higher level of proof that is beyond reasonable doubt in order to hold you liable.

More often than not, that is just a scare tactic by collection agencies in order to make you pay the said amount. What is more reasonable to file against you is a collection case for sum of money in a court handling civil cases. They may just opt to even file a small claims case against you in a small claims court, since the amount you owe is less than P300k and they could get a decision immediately within the day.

You should call them up and have your loan restructured if you are unable to pay. Have everything put into writing so that you can have a copy as proof of everyone's compliance.

Good luck. You should consult a lawyer as well regarding your situation.