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Author Topic: Legal advice on debts w/o legal documents  (Read 2273 times)

pistachio nuts

  • Guest
Legal advice on debts w/o legal documents
« on: April 10, 2014, 05:44:07 pm »
Hi, I'm posting for a friend.

My friend and his cousin had loan transactions using
my friend's acct. As payment, the cousin pays him cash for the monthly amortizations.
For some reason the cousin texts him that she doesn't want
to pay anymore, and that he may file a suit as he wishes.
They have no legal docs to prove that the loan proceeds are for the cousin, everything's agreed to verbally.

What to do?

Thank you, lawyers..
« Last Edit: April 10, 2014, 05:46:16 pm by pistachio nuts »

evilwoman

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #1 on: April 10, 2014, 05:47:40 pm »
^any particular reason why the cousin decided to stop paying?di ba pwedeng gamiting ebidensya ang text message?

pistachio nuts

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #2 on: April 10, 2014, 06:04:23 pm »
The cousin is based abroad, he asked my friend to live with her children to oversee them perhaps, and my friend did so for a few months, then my friend had to move out for his projects - (a career move). Maybe she got pissed that he had moved out and then decided to stop paying the loans to get even with him..

jojo2978

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #3 on: April 11, 2014, 12:31:07 am »
Maybe the exchanges of messages between them can be considered electronic messages.  Perhaps, it is also possible that someone acquired knowledge that a verbal agreement exists between them.  I just don't know the weight of such statement if given to that effect.

pistachio nuts

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #4 on: April 11, 2014, 12:34:51 am »
Given your statements, will there be a possible case?

jojo2978

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #5 on: April 11, 2014, 01:20:03 am »
It is easy to build and file a case.  Will it prosper? Will it be meritorious? That's another thing.  Lots of questions need to be answered.

aquacharly

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #6 on: April 11, 2014, 02:18:45 am »
Sure, the lender can file a case. Puede nga estafa - the last (none of the above kinds) kind of estafa that's a catch all.  Refer to pertinent RA.

Anything is possible in a Philippine court -- lalo na pag malakas ka sa Prosecutor, at alagaan mo ang Investigating Fiscal & the Reviewing Fiscal.  Read that between the lines.
But be prepared to shell out funds and time. 

Walang nakukulong for bouncing checks, nor debts -- so, you have an idea of  how frustrating it can be even if your friend should win the case.

Eto, IMO, IF your friend wants to get even as in really get back at his cousin --   go file the case.  Magka-bwiseetan  sila.

BUT, the way I see it, it is not worth your friend's time & funds given there is no written agreement. 
And, for all you know --  the way their "accounting" of give & take goes, your friend's been "paid in full". 
Anything & Everything always has at least 2 sides.


pistachio nuts

  • Guest
Re: Legal advice on debts w/o legal documents
« Reply #7 on: April 11, 2014, 02:24:47 am »
Exactly my thoughts, Jojo2978..
So how can my friend go about it..
Tia.

 

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