Legal Aspects Flashcards
The Legal Collection Process
- Sending of Proper demands to the party- obligor- debtor
- Gathering, preparation, and review of actionable documents
- Complaint preparation
- Filing of the case
- Service of summons
- Reply of the Parties to the case
Complaint Preparation
- Review of the theory of the case with the attorney
- Matching documents and evidences with available credible and competent witnesses
- Verification/ notarization
Check that the correct _______ fees are paid
filing
Follow-up with the ______ clerk of court for the ________ issuance of summons and expeditious service of the same by the court process server or by the ______ sheriff in applicable cases.
branch, expeditious, special
If need be, serve through your ___ representative and request court ________ server to make the ______.
own, process, return
If the summon cannot be served by the process server of the court, ____ a _____ to the service of the summon by a _______which may be another __________ or your _________
file, motion, special sheriff, reliable sheriff, own representative
Motion to dismiss is either on the following grounds
- No cause of action
- Prior Payment
- Venue is in issue
- Wrong party
BSP’s Unfair collection practices
Section 320.14
Banks, subsidiary/ affiliate credit card companies, collection agencies, counsels and other agents may resort to all reasonable and legally _________ means to collect amounts due them, provided, that in the exercise of their rights and performance of duties, they must observe good _____ and __________ conduct and refrain from engaging in ____________or _________ acts.
permissible, faith, reasonable, unscrupulous, untoward
Inconvenient time or hours
before 6:00am and after 10:00pm
A threatened penalty for disobeying law or rule.
Sanctions
Proceedings Upon Violation of This Act and Other Banking Laws, Rules, Regulations, Orders or Instructions.
Section 36
Administrative Sanctions on Banks and Quasi-banks.
Section 37
AN ACT TO REQUIRE THE DISCLOSURE OF FINANCE CHARGES IN CONNECTION WITH EXTENSIONS OF CREDIT
RA no. 3765
Any creditor who in connection with any credit transaction fails to disclose to any person any information in violation of this Act or any regulation issued thereunder shall be liable to such person in the amount of ___ or in an amount________ to ________ the finance charged required by such creditor in connection with such transaction, whichever is the ________, except that such liability shall not exceed _______ on any credit transaction.
P100, equal, twice, greater, P2,000
Any person who willful violates any provision of this Act or any regulation issued thereunder shall be fined by not less than _____ or more than ______ or imprisonment for not less than ______, nor more than _______ or _____.
P1,000, P5,000, 6 months, one year, both
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.
Batas Pambansa Blg 22
shall be punished by imprisonment of not less than ________but not more than _________ or by a fine of not less than but not more than _________ of the check which fine shall in no case exceed _______ the amount, or both such fine and imprisonment at the discretion of the court.
thirty days, one year, double, 2,000
be reluctant to pursue overdue payments aggressively due to concerns about damaging relationships or causing discomfort.
Hiya Syndrome
emphasizes the interconnectedness and shared humanity among individuals.
Kapwa Tao
a mindset of “leave it to fate” or “come what may.”
Bahala Na
refers to the tendency to start tasks with enthusiasm but quickly lose interest or fail to follow through
Ningas Kugon
means “tomorrow” or “later,” symbolizes a procrastination habit or a tendency to delay tasks.
Mañana
method used to collect outstanding debts by deducting a portion of an employee’s salary.
Salary Deduction
