Warrant of Distraint for unpaid Credit Card

Hi Atty,

Good day!

Meron kasi akong unpaid credit card (HSBC). Hindi ko na siya gustong bayaran kasi nakakainis ung patong ng interest. Super laki. And kasi im under a financial crisis talaga ngayon. Kaya talagang lahat ng gastos ko, super tipid ako.

Nakiusap na ako sa company and I already explained my side pero wala silang care about that. They just want to collect the full sum in which I already explained na hindi ko kayang bayaran un dahil sa situation ko. Pero wala pa din sa kanila.

I asked for a debt restructuring pero wala talaga silang ginawa. Eh kahit naman po talaga pigain nila ako, wala talaga sila makukuha sakin.

Then ngayon po, I received a text. Eto po ung text.

"This is from Pasig MTC, a lawsuit (Civil Case) is filed against you by Atty. Cendana Court Order (Warrant of Distraint) will be served. Kindly call the complainant @ (02) #######"

Makukulong po ba ako or aarestuhin? Ang amount po is nasa P52,000.

Totoo po kaya ung text na un? Hindi ko po kasi nirereplayan eh. And ano po ba ung sinasabi niyang Warrant of Distraint?

Sana po masagot niyo ako agad. Thank you po.

Did you receive any formal complaint from the court.

If not, this text is a hoax.there could be no distraint if there is no formal complaint filed in court against you.

This is classic example of harassment of a collection agency.

but still, you should not ignore the debt as this is something you need to pay.

lawddesign wrote:Did you receive any formal complaint from the court.

If not, this text is a hoax.there could be no distraint if there is no formal complaint filed in court against you.

This is classic example of harassment of a collection agency.

I just received a letter from a law office. How can I know if there is a formal complaint filed?

I am not going to run from my debts, it's just that I cannot understand why they cannot understand that I cannot pay it in full.

lawddesign wrote:Did you receive any formal complaint from the court.

If not, this text is a hoax.there could be no distraint if there is no formal complaint filed in court against you.

This is classic example of harassment of a collection agency.

I just received a letter from a law office. How can I know if there is a formal complaint filed?

I am not going to run from my debts, it's just that I cannot understand why they cannot understand that I cannot pay it in full.

hello:meron po ako unpaid loan for a lending company:thru atm as qualateral then i resigned na dun sa company!ngayon pinadalhan ako ng summon and yung hearing is jan.27!ano po gagawin ko?

good pm po atty! Last january 09,2012 kumuha po ako nbi pero hit lumabas balik daw po ako ng 23 to get the result but im afraid. My story po kasi i have existing loan in 3banks feeling ko eto reason of hit. Since i resigned august 2010 nabounce n po mga checks ko . I thought i can get job in singapore unfortunately not kya back to zero ako dito last year and contractual but cant manage to pay my loan kSi plan ko to pay if mkapagabroad ako which is sna this year kya ako kumukuha ng nbi. napressured kasi me sa mga threath nila kya i changed my number at lumipat ndin s new house.mga demand letter narereceived ko noon but i ignored them in a while. my question are: pagbalik ko po b sa galleria s 23 bka hulihin ako dun possible po b un? my warrant of arrest ba ako at makukulong? estafa po b twag dito? nkahold na po b ako s immigration kung sakaling magtourist ako? Please help me po atty your answer could help me what to do thanks a lot

princess, summons to what? small claims case? you should file your answer and attend. there may be available defenses which will result in reduction of your liability.

worried, answered your other post

heloo po...ilang hearing p ba yung sum of money before magkaroon ng decision?

it depends on the lawyers until they are finished presenting evidence