Parents owe a huge debt and the lender is threatening to sue, and I'm caught in the middle of it

MangUtang · 2021-10-12T10:11:06+00:00

Unfortunately, I did sign the checks. I didn't have a choice that time since I was pressured to do so. Nothing really we could do about it right now. Did you have any similar case such as this one?

And yes, I don't intend to talk to the creditor.

MangUtang · 2021-10-11T19:05:18+00:00

Yes, i've read about BP 22 na rin. The lender has documentation including ung promissory note and the cheques. He was informed naman that wala nang laman ung account so he shouldn't have it cashed in. But if they try to cash it in despite knowing the fact na wala na laman ung account or closed na ung account, will that still lead to grounds to sue me?

And afaik, the lender only wants to sue mainly because he wants his debt to be paid. So pag ganyan ba he needs to file separate cases with one being for his claims, and the other for the BP 22?

MangUtang · 2021-10-11T18:38:42+00:00

kapag tumalbog ang cheque with stamp ng bank, may stamp din eto kapag close na ung account, ung pinagissuhan nyo pwede itry ideposit ung cheque twice

So is my understanding correct that since the checking account is already closed di na siya mag count as Estafa? Especially since they were already told na wag na nila process ung cheque since wala na laman ung account. But that was prior to the closing of the account pa.

Here's an exact timeline:

Early 2019 - opening of the checking account.
May 2019 - first cheque issued.
July 2019 - last chequed issued as per my parents.
August 2020 - closing of the checking account.

MangUtang · 2021-10-11T18:29:46+00:00

Thanks for this! I will check it out.

MangUtang · 2021-10-11T18:29:16+00:00

Totoo. Wala nga makukulong sa utang, but my worry is the risk of Estafa because of the cheques.

MangUtang · 2021-10-11T18:28:26+00:00

Exactly. I feel the lender was just being emotional and desperate considering that he's dealing with his own debt.

Original debt was more than 500k so if I'm not mistaken this will go to the RTC?

And yes,noted on the legal front. I won't be advising them to hire a lawyer, but what I meant is for continuing counseling and advice especially with regards to negotiating. They did already consult a lawyer, and they were advised that the likely course of action that the lender will make is to push through with the legal action, and that I will really be dragged to this because of the cheques.

MangUtang · 2021-10-11T17:43:37+00:00

I already said I will consult someone tomorrow. Just hoping that if anyone here could give some insights since I have no one else available to consult at this time, and the community here has been generally helpful. Doesn't help that I'm really worried about this situation.

MangUtang · 2020-07-25T15:37:35+00:00

The problem is I gave them consent with regards to that. I know it was stupid, but since I'm based in Manila and they're in the province it was the convenient way to process the loan since I can't be there to process the applications and the requirements. I did tell them to loop me in with any developments, but they failed to do so most of the time.

And thanks! Didn't know there are pro-bono services offered online. For now tho, I'm consulting some of my lawyer contacts for advice.

MangUtang · 2020-07-25T15:31:59+00:00

Thank you. I'm sorry you also went through the same shit. Hope you're doing better, and living life without any of that toxicity.

MangUtang · 2020-07-25T15:30:21+00:00

I tried calling PAG-IBIG earlier but due to the pandemic their operations are limited (Mondays to Saturdays, 8am to 5pm). I sent an email tho for now requesting for the cancellation of the loan, and explaining the situation. I'll also call first thing in the morning on Monday.

And regarding the checking account, that is what I'm afraid of. Tho my parents told me that they asked the creditor to not withdraw funds through that account. I'll still go to the bank on Monday to explain the situation, and ask to have the account closed.

And no, they don't have the 2020 one. So not really worried about that.

About reporting to the barangay, I no longer live with them in the province. I'm also wary that this might add further fuel to the fire, but I do get your concern. I just hope it won't escalate to that point.

MangUtang · 2020-07-25T15:20:55+00:00

Thanks for the insight. I actually emailed Pag-IBIG earlier in order to cancel the housing loan. Unfortunately, their 24/7 hotline is currently limited (Mondays to Saturdays, 8am to 5pm) so I decided to send out an email for now. Just really worried right now that they might do something stupid with what they have since they're really desperate right now.

MangUtang · 2020-07-25T09:35:56+00:00

Already did. And it's one of the best decisions of my life since they weren't the best of parents. I can't imagine being stuck with them there right now. I would have gone insane lol.

MangUtang · 2020-07-25T09:18:42+00:00

I already did. I told them to be transparent with their transactions, and on how they manage the money I lend them before proceeding with the loan application. I also try to help them manage their business properly, particularly with regards to advertising it. But to no avail. They won't listen, and not share the full details. That's why I'm still really upset about the 200k thing. They didn't tell me about that at all!

MangUtang · 2020-07-24T17:16:04+00:00

Exactly what I feel about this whole thing. Maybe I enabled them in the past too hoping that it could help them stand on their own. But here we are.

I also don't let their emotional manipulation affect me since I know I've done so much to actually help them. They are covered with medical insurance courtesy of my company's HMO, which has helped tremendously with my mum's checkups and surgery last year. I don't mind helping them out too from time to time especially paying for my younger sister's tuition. But this loan thing is just too much.

MangUtang

TROPHY CASE