Monday, June 30, 2008
A Pyrrhic Victory
1. The bank files a complaint with the court.Pays filing
fees,transportation expenses and meal allowances ni attorney.
(they cant do it pag over 10 years na ang account mo)
2. After maybe a month, the case is raffled-off to a certain
judge to handle ( hinde po automatic yan gaya ng sinasabi ni
3. After maybe a month, the Judge issues a summons for you
to answer the complaint within 15 days upon receipt, in
order to hear your side.
(YOUR DISKARTE NOW. hayaan mo na lang ba or palaban ka?)
(the decision is always " You Pay" anyway )
4. After another month, you file a "Motion for extension to file answer"
kasi la ka pa abogado or si katulong nakalimutan ibigay sa yo ang summons.
('wag lang sumobra sa deadline ha?)
5. After another month (again!)the judge grants you another 15 days.
6. After another month again (!), your lawyer files for another
"Motion For Extension To File Answer" kasi ngayon lang niya nabasa
7. After another month, the lawyer( FINALLY) answers the complaint,
asks the court to refer the issue for mediation.
(unless he files again another Motion for Extension for some reason)
8. After another month,sa pre-trial, you will appear (FINALLY)before
the Judge, even without a lawyer, for the initial stage of the
(or you can even file ANOTHER "Motion For Postponement" - you are
undergoing surgery, prior important appointment like US Embassy interview?)
9. Mediation process ensues for three months?
"I can only pay P500.00 a month"
" I do not want to pay their excessive interests"
By now, this case has already drag for One(1) year!
After one year.... sad, but mediation fails.
The Judge handles the mediation.
another three months, perhaps? Still no deal.
10.Then, another Judge ay hahawakan na ang case(AT LAST).
After another three months....oops, nakalimutan ng court!
so the complainant will have to file a motion to set the case
for hearing? hmmmm.......
This is just the first phase.
maraming combinations pa ito.
Postponements after postponements. FINALLY (I hope this is the last)
the Judge hands down the decision.
" You Pay " ( but of course!)
Nope. This is not the end yet.
Complainant now has to file a " Motion To Execute Judgment" in order
that the Sheriff (whom complainant has to pay also)can look for your
assets. Otherwise, the decision will remain just like that
- a paper decision.
The Sheriff will then get your electric fan with your name prominently
etched on it?that's preposterous! He has to sell to convert it to cash
pa. What will the bank do with an electric fan? cheap naman nila.Bili
na lang tayo ng bago - made in China - mura pa.
Then, kung may sobra sa proceed ng auction sale, soli pa yung sukli mo!
The sheriff's Return(report)FINALLY (oh no, not that word again!)is filed:
" No assets can be found "
The bank wins the case. Gets nothing.
A Pyrrhic victory, indeed.