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Old 12-05-2016, 07:25 AM   #1
KDacer
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Default CREDIT CARD: They threatened me with a criminal case against me

Hello, can you please advise me I used to have a credit card but I wasn't able to pay my debts on time. I have a lot of things to pay so I didn't pay my Credit Card dues. They keep calling me and threatened me that if I cannot pay on time they will file a criminal case against me. Please help me. I don't know what to do?

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Old 12-05-2016, 06:58 PM   #2
AFFA
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

I wish to inform you that generally credit card default is a civil matter and thus criminal action may not be taken in this matter. Credit card default is breach of contract and hence a civil matter for which criminal action may not be taken.

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Old 12-06-2016, 03:18 PM   #3
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

Normally it is actually illegal for them to say such things.
And you could even report them to the authorities.
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Old 12-07-2016, 04:48 AM   #4
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

Hello, thank you very much for answering my questions, I really appreciate your help.
The credit collector was asking me to pay my dues on time but I already told him that I don't have a permanent job.I told him that I will pay little by little and asked if he can still give me time and he said no. I should pay the discounted amount on time this December 15,2016 amounting Php 30, 000.00 or else he said: " Failure to comply would only mean an absence of inclination to pay and will result in further legal actions". I just want him to give me more time just 2 months so I can pay all my dues.

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Old 01-04-2017, 07:53 AM   #5
illena
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

I was reading about the similar incidence, the sufferer complained the matter before FTC and the culprit was awarded heavy fine for violating Fair Debt Collection Practices Act. You can also bring this before State Attorney General’s office.
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Old 01-05-2017, 05:51 AM   #6
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

The US authorities in particular are very strict about illegal debt collection practices. And threatening criminal action is not legal in most countries--only in the GCC countries is that legal.
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Old 01-11-2017, 05:49 AM   #7
davidhawk
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

If any debt collector is unnecessary harassing you this means he is violating Fair Debt Collection Practices Act and for this act you can file complaint with FTC.
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Old 01-12-2017, 07:56 AM   #8
motivated
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

Hi. Sir may tumatawag dito sa ofis na taga-CIDG daw po sila and they informed me na pupunta daw po sila on the next day na may dalang subpoena. By that time natakot po ako dahil po nagpakilala po sya na taga-CIDG daw sya regarding dw po ito sa kasong sinampa sa akin ng Quezon City Trial Court. Even him he never know what kind of case he is talking about ang alam lang daw nya ito daw po ay related sa article 315. Ganito po ba ang tamang pag-inform sa isang taong may utang? Sana po ay matulungan ninyo ako. Masyado na po akong naaapektuhan sa ginagawa nila.
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Old 01-13-2017, 05:16 AM   #9
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

They need to deliver any subpoena or notice of the lawsuit to you.
A simple call does not suffice.
You do not have to respond to any call or contact until they deliver the court documents to you personally.


If it is a suit for a debt, and it is eventually served properly, it will not be that critical and there are some defenses.
We could discuss further here and you may consult with counsel locally as well.
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Old 01-13-2017, 08:23 PM   #10
Wenton2
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Default Re: CREDIT CARD: They threatened me with a criminal case against me

I would agree, take no action until you are formally and properly served the court documents.
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