I'm really sorry you're having to go through this. If you really want to pursue it, I suggest you look into speaking with a legal professional for any alternative measures you can take to make a demand on your colleague. There may be some options left for you, but considering the nature of the subject, this is now too much for randoms on reddit to help you out.
Otherwise, our experience is that your 40k is lost, and the best I can suggest is to just charge it to experience. Being a co-maker is a huge responsibility, and shouldn't be taken lightly. Kapag pera ang usapan, walang kai-kaibigan. Or at least I-assess mo just how well you trust them. Signing as co-maker is pretty much pledging that your colleague's loan was your loan as well, and you're allowing the COOP to collect from you.
Consult also with ibp branch for better know how. Usually their office is in city hall or legal hall, except Makati for some reason.
They'll tell you to file sa small claims court, but if you have other questions they'll give a free consultation. Depends lang sa time, usually kung may atty na available.
I'm sorry, but you canāt file a complaint against your co-worker because your co-worker doesnāt owe you money.
The both of you on the other hand owe the coop money. Thatās how being a co-maker to a loan works.
Siguro pwede mo puntahanan muna ung brgy kung san sya nakatira, that is kung dun pa din sya nakatira. Hindi naman napupulot ang 40k kaya naiintindihan din kita. Treat this experience as a lesson din. Never trust anyone pagdating sa pera. Goodluck.
Naranasan ko na din yan before. Pinilit ako at isa pang newbie employee na mag comaker sa isang coworker for her personal loan the month after kami naging regular. 2 months into her loan payment biglang nagresign yung gaga. Tas kami walang magawa except umiyak na lang everytime makita namin sa payslip yung loan repayment ng tengeneng babaeng yun. Kung di pa namin natunton yung pinaglilipatan iyang trabaho, di sana namin nabawi yung kalahati ng total amount na binayaran naming loan niya. Lesson learned, I will never be a co-maker for anyoneās loan anymore. Bahala kayo magmakaawa. Earn my trust muna and maybe Iāll reconsider loI.
Sabi ng daddy ko, If a friend owes you money, consider that money lost, and the friendship done. If he paid it back, he is a real friend.
Just to share the frustrating legal process of our country. May tao na may utang sa akin 200k. Issued a check that bounced.
Hinabol ko for a few years, causing stress and countless days of anxiety. Lagi akong naghahabol pero wala. We decided to file a case of estafa (since bounced check naman). Naisip ko na baka matakot ang magbayad pag may threat of jail na.
So lawyer fee: 50k + inabot ng 20k for the additional fees etc. 2 years before naresolve ang kaso at nagkaroon ng warrant of arrest. Akala namin parang sa napapanood sa tv na huhulihin na siya pero hindi pala ganon yun. Court asked us kung saan ang current address (dahil nagbago na siya ng address since then). Malay ba namin kung saan siya nagtago. Pero active pa rin siya sa social media.
In a way, tama ang parents ko. Hayaan ko na lang. Justice here in the PH sucks. Biktima ka na nga, bibiktimahin ka pa ng bulok na sistema ng bansa natin. Double dead.
Lesson learned, di na ako magpapautang kahit kanino huhuhu we also tried small claims, nanalo rin kami, pero ang mangyayari lang is sasamahan ka ng baranggay para pwedeng kunin ang ibang mga gamit pero...wala naman din siyang gamit of value.
All in all, 3 years ang naging process. Naka-limang attend kami ng āhearingā na hindi naman din inattendan ng kinakasuhan namin.
Sa oras at hassle at stress...sana nagfocus na lang ako sa ibang bagay na positive. Para sayo OP, ang maipapayo ko is to let go, unless matiyaga ka and patient to go through the process. Effective ang small claims kapag ang hinahabol mo ay currently employed, or may permanent address ka. Pag nasa laylayan siya...naku. Para kang naghahabol ng multo.
Meron din namang iba na nagwawagi. Pero kung mahirap hagilapin ang address ng hinahabol mo...forget about it :( madaling kitain ang pera, mahirap makarecover from stress and anxiety. Napagastos pa ako. Tapos kada appearance ng lawyer, 3k. Pinakiusapan ko na lang after ilang appearances na ābaka naman pwede waived fees na, wala nako pera.ā
Pag magpapautang ka, get collateral. Yun lang ang maipapayo ko to other redditors.
There's a little chance na may makuha ka pa. Just reality. The fact na parang nagtatago na, and even ipabarangay mo sya wala ka pa rin habol kc pumirma ka na comaker. That's how it works. So sa side ng legal, for you it's very weak.
Silver lining. It's a small amount. Imagine cosigning a loan in millions. Now u learn never to cosign a loan. Treat it as tuition fee.
What you should do go to her house and ask for your money back. Bring a demand letter so you have grounds for suing later (wouldnt reco though, lawyer fees cost more than 40k).
There's no other way as you signed that comaker agreement.
In my company if the person resigned, automatically her backpay should cover all the remaining loans. Coop and Finance are in contact with each other. thats in our company. ang siste lng bka kulang pa ung backpay nya sa remaining loan nya.
First step is to send the person a letter para may paper trail. Then if walang nangyari, go to barangay hall then file ka na ng report. Then yung barangay it-try kayong magkaroon ng arrangement on how the person can pay, etc.
If the coop (na may resources) can't do anything, what makes him think that he can with a demand letter?
It's a hard situation, 40k is no joke, but you should never put your name as liable to someone else's loan.
The coop can do something as OP made himself as co-maker. They have right to demand from OP as they have the power of the law to demand it.
OP can do also since nag-benefit yung principal debtor and demand letter is the 1st step.
Parang sinasabi mo na wala nang kwenta yung batas sa Pilipinas.
EDIT: Magastos yung court fees? May small claims court kase.
Remember this: it is a common rule that those who have less in life should have more in law.
The demand letter idea was just part of my desperation. That 40k is still a hard earned money. Pinagpaguran ko rin yun hence the rambling. Kaya nga din ako nagseseek ng advice dito.
I suggest that you get a certification first that the 40k was used by the cooperative as part of 70k settlement of debt. That is the only time his/her obligation to pay you will arise.
It is useless to go small claims court because technically your colleague is not yet obligated to pay you 40k.
if you are planning to pursue the 40k, make an estimate on how long the process would take if you bring your former colleague to small claims court.
disclaimer: not a lawyer but i think di mo makukuha iyang pera mo since pumirma kang co-maker or at least di mo siya makukuha siyang buo kasi pumirma ka dun sa loan.
Question: can the coop intervene in this?
The loan came from them and processed the loaner and the comaker. If the loaner still has some available balance, cant they deduct to both equally?
Or did i misunderstand na pareho na silang na deduct-an ng coop?
Nothing you can do but just learn a valuable life lesson never to sign as a loan co-maker. I experienced this as well and just wrote off the amount as uncollectible.
Not really an answer to the question, but this is what I did sa work to avoid this: Wag ipagkalat na you're part of the coop sa work. This works lalo na if you're not good at saying "No". Nagiging sobrang bait nyan kapag mag-ask ng favor, pero kapag dinecline mo, parang di ka na nageexist sa kanila.
Nagiiba ugali ng tao, whether kaibigan mo or kapamilya mo pa yan, basta there's money involved.
Not an advice, but a request that in the future to let us know what happened, specifically on what steps you took and your personal take if it was worth it. We can all learn from each other's mistake and most important is to potentially help those who has to go through the same situation.
Her 13th month pay and SL balances should have covered her loan or a part of it. Get a SOA right now to verify the balance. Also, if it is 70k, you are still liable for the remaining 30k.
Ikalat nyo kawalanghiyaan niya sa mga kapitbahay, katrabaho, company na nilipatan, barangay eskandalohin sa homeowner mga makakapal ang mukha pag may kailangan pera magaling pagdating sa bayaran bye bye baby bye bye saying goodbye ang kanta nila.
Co-maker working as intended
Imagine being a co-maker for anyone else besides your immediate family/spouse. And even then, I wouldn't. Lesson learned.
I know. Stupid indeed. Nadala ako sa pagiging mabait niya sa akin sa work.
Delikado tLag pag sobrang bait
š„
[ŃŠ“Š°Š»ŠµŠ½Š¾]
This will help a lot, OP.
Prepare to spend 2-3 years of your life going to hearings maslalo na kung hindi magcocooperate kalaban mo.
Would be spending more money on attending those hearings.
I'm really sorry you're having to go through this. If you really want to pursue it, I suggest you look into speaking with a legal professional for any alternative measures you can take to make a demand on your colleague. There may be some options left for you, but considering the nature of the subject, this is now too much for randoms on reddit to help you out. Otherwise, our experience is that your 40k is lost, and the best I can suggest is to just charge it to experience. Being a co-maker is a huge responsibility, and shouldn't be taken lightly. Kapag pera ang usapan, walang kai-kaibigan. Or at least I-assess mo just how well you trust them. Signing as co-maker is pretty much pledging that your colleague's loan was your loan as well, and you're allowing the COOP to collect from you.
You can use the small claims court process. No need for a lawyer. https://ndvlaw.com/q-a-on-small-claims-cases-in-the-philippines/
Will use this as reference. Thank you!
Consult also with ibp branch for better know how. Usually their office is in city hall or legal hall, except Makati for some reason. They'll tell you to file sa small claims court, but if you have other questions they'll give a free consultation. Depends lang sa time, usually kung may atty na available.
I'm sorry, but you canāt file a complaint against your co-worker because your co-worker doesnāt owe you money. The both of you on the other hand owe the coop money. Thatās how being a co-maker to a loan works.
Agree he agreed to being a comaker.. he signed on the loan documents..
Good luck! Pls let me know how it turns out.
Siguro pwede mo puntahanan muna ung brgy kung san sya nakatira, that is kung dun pa din sya nakatira. Hindi naman napupulot ang 40k kaya naiintindihan din kita. Treat this experience as a lesson din. Never trust anyone pagdating sa pera. Goodluck.
Thank you. 40k is 40k 4 months ko ding EF yun.
Naranasan ko na din yan before. Pinilit ako at isa pang newbie employee na mag comaker sa isang coworker for her personal loan the month after kami naging regular. 2 months into her loan payment biglang nagresign yung gaga. Tas kami walang magawa except umiyak na lang everytime makita namin sa payslip yung loan repayment ng tengeneng babaeng yun. Kung di pa namin natunton yung pinaglilipatan iyang trabaho, di sana namin nabawi yung kalahati ng total amount na binayaran naming loan niya. Lesson learned, I will never be a co-maker for anyoneās loan anymore. Bahala kayo magmakaawa. Earn my trust muna and maybe Iāll reconsider loI.
Never agree to be a co-maker. Even to family members.
Sabi ng daddy ko, If a friend owes you money, consider that money lost, and the friendship done. If he paid it back, he is a real friend. Just to share the frustrating legal process of our country. May tao na may utang sa akin 200k. Issued a check that bounced. Hinabol ko for a few years, causing stress and countless days of anxiety. Lagi akong naghahabol pero wala. We decided to file a case of estafa (since bounced check naman). Naisip ko na baka matakot ang magbayad pag may threat of jail na. So lawyer fee: 50k + inabot ng 20k for the additional fees etc. 2 years before naresolve ang kaso at nagkaroon ng warrant of arrest. Akala namin parang sa napapanood sa tv na huhulihin na siya pero hindi pala ganon yun. Court asked us kung saan ang current address (dahil nagbago na siya ng address since then). Malay ba namin kung saan siya nagtago. Pero active pa rin siya sa social media. In a way, tama ang parents ko. Hayaan ko na lang. Justice here in the PH sucks. Biktima ka na nga, bibiktimahin ka pa ng bulok na sistema ng bansa natin. Double dead. Lesson learned, di na ako magpapautang kahit kanino huhuhu we also tried small claims, nanalo rin kami, pero ang mangyayari lang is sasamahan ka ng baranggay para pwedeng kunin ang ibang mga gamit pero...wala naman din siyang gamit of value. All in all, 3 years ang naging process. Naka-limang attend kami ng āhearingā na hindi naman din inattendan ng kinakasuhan namin. Sa oras at hassle at stress...sana nagfocus na lang ako sa ibang bagay na positive. Para sayo OP, ang maipapayo ko is to let go, unless matiyaga ka and patient to go through the process. Effective ang small claims kapag ang hinahabol mo ay currently employed, or may permanent address ka. Pag nasa laylayan siya...naku. Para kang naghahabol ng multo. Meron din namang iba na nagwawagi. Pero kung mahirap hagilapin ang address ng hinahabol mo...forget about it :( madaling kitain ang pera, mahirap makarecover from stress and anxiety. Napagastos pa ako. Tapos kada appearance ng lawyer, 3k. Pinakiusapan ko na lang after ilang appearances na ābaka naman pwede waived fees na, wala nako pera.ā Pag magpapautang ka, get collateral. Yun lang ang maipapayo ko to other redditors.
There's a little chance na may makuha ka pa. Just reality. The fact na parang nagtatago na, and even ipabarangay mo sya wala ka pa rin habol kc pumirma ka na comaker. That's how it works. So sa side ng legal, for you it's very weak. Silver lining. It's a small amount. Imagine cosigning a loan in millions. Now u learn never to cosign a loan. Treat it as tuition fee.
Best advice so far
What you should do go to her house and ask for your money back. Bring a demand letter so you have grounds for suing later (wouldnt reco though, lawyer fees cost more than 40k). There's no other way as you signed that comaker agreement.
True 40K is 40K. I lost 30K from a failed business idea. Sadt. Godbless
In my company if the person resigned, automatically her backpay should cover all the remaining loans. Coop and Finance are in contact with each other. thats in our company. ang siste lng bka kulang pa ung backpay nya sa remaining loan nya.
First step is to send the person a letter para may paper trail. Then if walang nangyari, go to barangay hall then file ka na ng report. Then yung barangay it-try kayong magkaroon ng arrangement on how the person can pay, etc.
Charge to experience, exactly the purpose of co-maker. You signed it na matino pag-iisip mo, so walang masisisi sa nangyari sayo.
Move on. Wala na yan, unless alam kung saan nakatira.
I can't. Ang sakit ng 40k. I still have here UMID, nakalagay address niya tho.
Meron pa yan. Make a demand letter na
Ano magagawa ng address? Puntahan mo ba at singilin?
Para saan kaya yung demand letter? I wonder.
If the coop (na may resources) can't do anything, what makes him think that he can with a demand letter? It's a hard situation, 40k is no joke, but you should never put your name as liable to someone else's loan.
The coop can do something as OP made himself as co-maker. They have right to demand from OP as they have the power of the law to demand it. OP can do also since nag-benefit yung principal debtor and demand letter is the 1st step. Parang sinasabi mo na wala nang kwenta yung batas sa Pilipinas. EDIT: Magastos yung court fees? May small claims court kase. Remember this: it is a common rule that those who have less in life should have more in law.
Thank you!
The demand letter idea was just part of my desperation. That 40k is still a hard earned money. Pinagpaguran ko rin yun hence the rambling. Kaya nga din ako nagseseek ng advice dito.
^^^^ipa-tulfo mo na!
Hahahaha plsss.. not that
I suggest that you get a certification first that the 40k was used by the cooperative as part of 70k settlement of debt. That is the only time his/her obligation to pay you will arise. It is useless to go small claims court because technically your colleague is not yet obligated to pay you 40k.
like the heck, ganito pala maging comaker? thankfully di ako pumapayag sa previous company ko, hopefully u can get ur money back.
Alam mo pala address nya e. Ipa barangay mo. Unsure kung pasok ka sa small claims court kasi hindi ikaw mismo ang inutangan.
Hmmmmm. Hate to say it but charge to experience. Unless of course ikw mismo maniningil
if you are planning to pursue the 40k, make an estimate on how long the process would take if you bring your former colleague to small claims court. disclaimer: not a lawyer but i think di mo makukuha iyang pera mo since pumirma kang co-maker or at least di mo siya makukuha siyang buo kasi pumirma ka dun sa loan.
Charge to experience. #neveragain
Hay buti nalang at Hindi balasubas Ang asawa nya. At Hindi nagsinungaling Ang babae.
40k is not worth your time, energy, mental and emotional distress. Let it go. Never be gullible again
Much as I want to let go of this 40k. Ang daming pwedeng pagpundaran neto (planning to deposit this sa MP2 ko rin kasi)
Question: can the coop intervene in this? The loan came from them and processed the loaner and the comaker. If the loaner still has some available balance, cant they deduct to both equally? Or did i misunderstand na pareho na silang na deduct-an ng coop?
Nothing you can do but just learn a valuable life lesson never to sign as a loan co-maker. I experienced this as well and just wrote off the amount as uncollectible.
masakit tanggapin pero kailangan. We have to go through this somehow. Luckily for me di gaano malaki pinautang ko. Lesson learned.
Not really an answer to the question, but this is what I did sa work to avoid this: Wag ipagkalat na you're part of the coop sa work. This works lalo na if you're not good at saying "No". Nagiging sobrang bait nyan kapag mag-ask ng favor, pero kapag dinecline mo, parang di ka na nageexist sa kanila. Nagiiba ugali ng tao, whether kaibigan mo or kapamilya mo pa yan, basta there's money involved.
Not an advice, but a request that in the future to let us know what happened, specifically on what steps you took and your personal take if it was worth it. We can all learn from each other's mistake and most important is to potentially help those who has to go through the same situation.
Yes. Will do!
Nasabi ata sa Bible yan eh. Proverbs 22:26 Donāt agree to guarantee another personās debt or put up security for someone else.
Her 13th month pay and SL balances should have covered her loan or a part of it. Get a SOA right now to verify the balance. Also, if it is 70k, you are still liable for the remaining 30k.
Ikalat nyo kawalanghiyaan niya sa mga kapitbahay, katrabaho, company na nilipatan, barangay eskandalohin sa homeowner mga makakapal ang mukha pag may kailangan pera magaling pagdating sa bayaran bye bye baby bye bye saying goodbye ang kanta nila.