Sunday, November 25, 2007

Am I Civilly or Criminally Liable?

Civil case
A non-criminal lawsuit involving breach of contract ( like Credit Card Agreements), property issues, divorce and other varieties of civil lawsuits. It is the individual who feels wronged or injured (the plaintiff) who decides whether to file a civil suit. The plaintiff cannot seek to have a defendant jailed unless the defendant has violated a court order.

Criminal case
A lawsuit brought by a prosecutor employed by the government that charges a person with the commission of a crime. The defendant is charged with a crime against society such as murder, burglary, robbery, or theft.

Criminal Law
complainant : the state/ government.
punishment : fine and/or imprisonment.
proof : beyond a reasonable doubt
appeal : defendant
decision : guilty or not guilty

Civil Law
complainant : anybody
punishment : The loser in a civil case cannot be imprisoned, even if he or she
cannot pay the damages.
proof : preponderance of the evidence
appeal : either party
decision : plaintiff and the defendant may be found partially right and
and partially at fault.

Friday, November 9, 2007

The Credit Card Medicine

Harassed by our friendly Atty. Collector? no need to argue, nor explain. No need to pay a token amount "to show willingness to pay". There is also no need to sign anything.

Just go and ask for your detailed Statement of Account, or better yet,a Bank Certification of your outstanding obligation with them, duly signed and certified correct.Do it formally, in writing via registered mail or if done verbally, follow it up with a confirmation letter. Address it to whoever is asking you to pay.

THAT would be your defense and reply for those :
a. annoying calls and SMSs
b. threats to visit your home or office
c. threats of RA 8484
d. threats of filing a case
e. harassments from "NBI, Police, Barangay" or even the "court".

Let them prove first that you owe that much before you pay, otherwise, what debt are they talking about?

Let us not assume that everything is always true - that they are really from the bank, that they are authorized, that they are lawyers or that you owe them debts.

In God We Trust, all others, we audit.