Is RA8484 For Me ?

14th December, 2007 ( Friday)

Dear Sir,

Today I received a letter from our friend that says about RA 8484. For me to understand what is it all about, I read and read and learned that it talked about :

a. credit card that is counterfeit, fictitious, altered, or forged;
b. access device that is stolen, lost, expired, revoked, canceled,
suspended, or obtained with intent to defraud;
c. access device that was applied for or issued on account of the
use of falsified document, false information, fictitious identities
and addresses, or any form of false pretense or misrepresentation;

I pondered and said to myself - indeed these are really against the law.

But wait, a certain clause caught my attention :

"A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application ...... shall be prima facie presumed to have used his credit card with intent to defraud."

Hmmmm....When I applied for a credit card, and until now, I am still staying in the same residence as indicated in my application form, although I have now lost my job.

Did I abandoned my residence or employment?
Did I left surreptitiously these addresses?
I looked up for that meaning and found out it means "secretly", like a thief leaving your house.

The letter said I could be charged, if evidence warrants.

I am holding their letter, therefore I can be found! They are right - there is no evidence to the contrary.

Thank God. It is Friday the 14th, a day before and I'd be damned.

Sincerely,

CC Victim

Dahil Mahaba na ang Queries, PLEASE e-mail us instead
diskarte@live.com

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.