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Bank Cash Loan sa ibang bansa, hina-harass kami ng law office

anonymous
Anonymous This person has chosen to hide his/her identity.

Nawalan po kasi ng trabaho sa abroad ang asawa ko. Nung pinauwi na po sila, may naiwang utang (Bank Cash Loan) po sya sa ibang bansa. Until now, wala pa rin po syang trabaho. May tumatawag po sa amin dito na law office at hinaharas kami to pay. Kaso po, wala pa rin po syang trabaho para makabayad.


Question 1 po: Ano pong mga legal actions ang pwedeng gawin sa kanya?


Question 2 po: Hindi po namin gustong takbuhan ang utang namin. Pero po, dahil wala pa rin po syang mahanap na trabaho, ano po ang pwede naming gawin para po hindi na kami guluhin nun law office dito sa Manila?

12, Feb 2016, 12:31 PM (PH time)
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Adelaimar C Arias-Jose
Atty. Bimbi is a Legal expert in the Philippines
I do not really understand. Did you mean that your husband obtained a cash loan from a bank here in the Philippines? Or a bank from abroad? It wasn't clear.

If the bank loan was obtained in the Philippines, did you also have a collateral? Because if you have a collateral for the loan, then the bank should run after the collateral in case of non-payment. But if the loan was without a collateral, the bank will probably sue you for collection of the sum of money.

You can talk to the bank (not the law office). You can ask that the loan be restructured, or, you can ask for a moratorium (if your husband was repatriated because he has been laid off from Saudi Arabia, then, your request may be heard by the bank). You can offer to pay the interest off, and then, promise to pay the principal.

The thing is, all loans have to be paid. The law office may also try to file a criminal case for estafa against your husband to use as leverage. It is best to talk to a lawyer. If you have any property that you can sell to pay off the loan, that would be a good thing, too.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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