Me and My Family
#4532
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Re: Me and My Family
Regards
#4533
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Re: Me and My Family
Thanks for your detailed response.
According to rule 21 of the 1997 Rules of Civil Procedure any trial against me cannot go ahead without my presence. So there can be no default in her favour. The judge would ascertain that the subpoena had been legally served and then issue a warrant for arrest.
.
According to rule 21 of the 1997 Rules of Civil Procedure any trial against me cannot go ahead without my presence. So there can be no default in her favour. The judge would ascertain that the subpoena had been legally served and then issue a warrant for arrest.
.
You'd never know that the service had been claimed, now would you.
That happened to me ( I happened to be abroad at the time and could NOT have been served)...trial proceded without my knowledge and a default judgement issued against me. My lawyer (I had to get one after all this) told me the likelihood and cost of fighting the service (despite proof in passport and air tickets etc) would cost vastly more than just declaring bankruptcy. In addition the suit would simply go back to "Go". I'd be served and have to face the civil suit. So I declared bankruptcy. Had to pay the lawyer, had my credit cards taken away...but paid no creditors.
This was in the US BTW. I'm sure that the level of corruption in the Philippine legal system is a tad greater.
As noted above I don' think she has actually has filed anything.
But if in doubt I think the case has to be filed in the local civil court of your previous residence. Must be a way of looking at the submissions under your or her name for the last few months. In some systems a lawsuit has to be published in a newspaper of record, but certainly they'd been at the courthouse in the clerks office. You don't need to see the complete filing, just that she has submitted. There may even be a legal aide that can hunt it down for a low fee.
#4535
Re: Me and My Family
I believe she does not know my address or else if the subpoena was going to be served it would have been done by now. As mentioned before, if she had the will or means my address can be obtained from immigration.
Again, I believe she has not shown full details because it will just confirm that she has no case.
Again, I believe she has not shown full details because it will just confirm that she has no case.
(Sorry, lived in the Netherlands too long to beat around the bush with niceties)
Last edited by Red_Wine_Fairy; Feb 27th 2020 at 6:34 pm.
#4536
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Re: Me and My Family
I did say an UNSCRUPULOUS process server. They exist.
You'd never know that the service had been claimed, now would you.
That happened to me ( I happened to be abroad at the time and could NOT have been served)...trial proceded without my knowledge and a default judgement issued against me. My lawyer (I had to get one after all this) told me the likelihood and cost of fighting the service (despite proof in passport and air tickets etc) would cost vastly more than just declaring bankruptcy. In addition the suit would simply go back to "Go". I'd be served and have to face the civil suit. So I declared bankruptcy. Had to pay the lawyer, had my credit cards taken away...but paid no creditors.
This was in the US BTW. I'm sure that the level of corruption in the Philippine legal system is a tad greater.
As noted above I don' think she has actually has filed anything.
But if in doubt I think the case has to be filed in the local civil court of your previous residence. Must be a way of looking at the submissions under your or her name for the last few months. In some systems a lawsuit has to be published in a newspaper of record, but certainly they'd been at the courthouse in the clerks office. You don't need to see the complete filing, just that she has submitted. There may even be a legal aide that can hunt it down for a low fee.
You'd never know that the service had been claimed, now would you.
That happened to me ( I happened to be abroad at the time and could NOT have been served)...trial proceded without my knowledge and a default judgement issued against me. My lawyer (I had to get one after all this) told me the likelihood and cost of fighting the service (despite proof in passport and air tickets etc) would cost vastly more than just declaring bankruptcy. In addition the suit would simply go back to "Go". I'd be served and have to face the civil suit. So I declared bankruptcy. Had to pay the lawyer, had my credit cards taken away...but paid no creditors.
This was in the US BTW. I'm sure that the level of corruption in the Philippine legal system is a tad greater.
As noted above I don' think she has actually has filed anything.
But if in doubt I think the case has to be filed in the local civil court of your previous residence. Must be a way of looking at the submissions under your or her name for the last few months. In some systems a lawsuit has to be published in a newspaper of record, but certainly they'd been at the courthouse in the clerks office. You don't need to see the complete filing, just that she has submitted. There may even be a legal aide that can hunt it down for a low fee.
Unscrupulous process server....Yes, I am aware they might exist but for them to be unscrupulous they would need a big bribe as I have previously stated. And she is no position to do that. Moreover, my signature would be required to say that the papers had been served. Your situation happened in the US, but I don't know if they have a Rule 21 such as here in the Philippines whereby I would be arrested and brought before the judge to explain why I failed to turn up.
Yes, I have thought about checking her claims but I think of this way.....Why open the cage of a beast and fight it hoping I will win, when I could leave the cage closed. I would then be relying on the 30 day rule. I cannot remember the exact date when she claims that the subpoena had been issued, but I suspect the 30 days must be nearly over....if not already. But of course there is another one on its way from NBI for libel if her claims are correct.
Anyway, it will be interesting to see if anything manifests itself when I visit BI next month. I will try and get my legal consort to accompany me.
Regards
#4537
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Re: Me and My Family
Moving on....
Spoke to my Aussie friend yesterday and he is back in hospital with severe pains. No ribs were broken but they suspect internal injury somewhere and are conducting tests. He states that the case against the 4 guys are ongoing and the police state that they will end up behind bars. I suggested that reprisals might occur but he did not seem too concerned . Two can play at that game was his comment. If he is murdered, then the police will know who to suspect.
His partner as I have mentioned previously is my ex-wifes best friend. He has learnt that she is now selling furniture from the house. He has instructed his partner not to buy anything nor indeed loan her money. Maybe she is moving out of the house.....7k is a lot of rent with or without a job.
Her gyne contacted me the other day and stated that she had not turned up for her appointment. I suggested she contact her...not me. I guess that puts the rumour to bed about this American guy coming to visit. He was coming on the same day as her appointment....and the airport is in the same city as her gyne.
My small claims. It appears she has been asking the clerk of the court about it also and told her to visit the sheriff for an update. That strikes me as odd. He should have told me that the sheriff has had an update. Not her. Anyway, I have advised him of that and instructed him not to deal with her. The sheriff has my number and have been told that he will contact me . He has not done so yet. I will wait until COB Monday and drop 8888 into the conversation. 8888 is Dutertes hot line for complaints. Always worked for me before.
Regards
#4538
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Re: Me and My Family
As you said - it's cheap to get them drawn up, and expensive to have them submitted; her track record with hard cash suggests she won't be able to afford the latter. So why won't you put your mind at rest and check if they have been submitted? I'm sure your lawyer wouldn't charge a silly amount for that simple act? Or contact a lawyer or someone 'professional' in your former neighbourhood to do it? If she hasn't, then it proves her lies/scared of the bigamy charge. If she has, it brings it to a head.
So if you're convinced it's void - why aren't you moving on out of the squat you're currently in, like you said you would, and find a better quality accommodation before the financial/other demands for a few square feet sleeping on floor begin? No offence, but this isn't a high class family you're dossing down with here! I know lots of 'metropolitan' Filipinos who would shrink back thinking about the kind of life/ accommodation you're currently living in. These professionals even speak great English so you could communicate with them for quality of life... man, doesn't it irk you that they (this landlady and her family) could be discussing right under your nose how to fleece you/ woo you/ kill and dispose of you, and you'd never even know?? I'm not judging your ability to learn a language, because it gets much tougher as you get older (I know this), but this is making you extremely vulnerable in your current situation - based purely on what you have said about the family!
(Sorry, lived in the Netherlands too long to beat around the bush with niceties)
So if you're convinced it's void - why aren't you moving on out of the squat you're currently in, like you said you would, and find a better quality accommodation before the financial/other demands for a few square feet sleeping on floor begin? No offence, but this isn't a high class family you're dossing down with here! I know lots of 'metropolitan' Filipinos who would shrink back thinking about the kind of life/ accommodation you're currently living in. These professionals even speak great English so you could communicate with them for quality of life... man, doesn't it irk you that they (this landlady and her family) could be discussing right under your nose how to fleece you/ woo you/ kill and dispose of you, and you'd never even know?? I'm not judging your ability to learn a language, because it gets much tougher as you get older (I know this), but this is making you extremely vulnerable in your current situation - based purely on what you have said about the family!
(Sorry, lived in the Netherlands too long to beat around the bush with niceties)
I have no problems with your fears about what the family here maybe up to. . You forget that I am paying their rent and they are all related to the gf of a foreigner. They have been together about 3 yrs I reckon.
I have dealt with your first point in my previous reply.
Regards
Last edited by Philosophical 11; Feb 28th 2020 at 1:25 am.
#4539
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Re: Me and My Family
Originally Posted by Philosophical
I will wait until COB Monday and drop 8888 into the conversation. 8888 is Dutertes hot line for complaints. Always worked for me before.
Regards
Regards
#4541
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Re: Me and My Family
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#4542
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Re: Me and My Family
As previously stated I do not have the financial resources to fight her on two fronts. My aim is defend myself.
Moving on....
Spoke to my Aussie friend yesterday and he is back in hospital with severe pains. No ribs were broken but they suspect internal injury somewhere and are conducting tests. He states that the case against the 4 guys are ongoing and the police state that they will end up behind bars. I suggested that reprisals might occur but he did not seem too concerned . Two can play at that game was his comment. If he is murdered, then the police will know who to suspect.
His partner as I have mentioned previously is my ex-wifes best friend. He has learnt that she is now selling furniture from the house. He has instructed his partner not to buy anything nor indeed loan her money. Maybe she is moving out of the house.....7k is a lot of rent with or without a job.
Her gyne contacted me the other day and stated that she had not turned up for her appointment. I suggested she contact her...not me. I guess that puts the rumour to bed about this American guy coming to visit. He was coming on the same day as her appointment....and the airport is in the same city as her gyne.
My small claims. It appears she has been asking the clerk of the court about it also and told her to visit the sheriff for an update. That strikes me as odd. He should have told me that the sheriff has had an update. Not her. Anyway, I have advised him of that and instructed him not to deal with her. The sheriff has my number and have been told that he will contact me . He has not done so yet. I will wait until COB Monday and drop 8888 into the conversation. 8888 is Dutertes hot line for complaints. Always worked for me before.
Regards
Moving on....
Spoke to my Aussie friend yesterday and he is back in hospital with severe pains. No ribs were broken but they suspect internal injury somewhere and are conducting tests. He states that the case against the 4 guys are ongoing and the police state that they will end up behind bars. I suggested that reprisals might occur but he did not seem too concerned . Two can play at that game was his comment. If he is murdered, then the police will know who to suspect.
His partner as I have mentioned previously is my ex-wifes best friend. He has learnt that she is now selling furniture from the house. He has instructed his partner not to buy anything nor indeed loan her money. Maybe she is moving out of the house.....7k is a lot of rent with or without a job.
Her gyne contacted me the other day and stated that she had not turned up for her appointment. I suggested she contact her...not me. I guess that puts the rumour to bed about this American guy coming to visit. He was coming on the same day as her appointment....and the airport is in the same city as her gyne.
My small claims. It appears she has been asking the clerk of the court about it also and told her to visit the sheriff for an update. That strikes me as odd. He should have told me that the sheriff has had an update. Not her. Anyway, I have advised him of that and instructed him not to deal with her. The sheriff has my number and have been told that he will contact me . He has not done so yet. I will wait until COB Monday and drop 8888 into the conversation. 8888 is Dutertes hot line for complaints. Always worked for me before.
Regards
Nothing to report on the Western Front....
However as far as my small claim is concerned there has been disturbing development. I mentioned that it appeared that my wife had received an update from the sheriff and despite repeated requests to the clerk of the court for an update, they were ignored. I then threatened him with reporting the matter to 8888 and within a few hours I got a message to say that the Sheriff will contact me with full details. He didn't. Again I contacted the clerk of the court with the 8888 threat and his response basically is that I have to meet the sheriff personally. Different to what he said before when he said the sheriff will contact me. I have to meet him to shoulder the expenses to execute my claim. If you may remember there was a writ of execution on 27 Jan as informed by the clerk. Nothing was mentioned about expenses at that time. I sent a message again last night asking what the expenses would be etc and I was told that my wife was very well briefed by the Sheriff and I should contact her .....and its not their problem that my ex and I have separated and not in contact. I informed him that I was the plaintiff and my wife was only a witness to the claim. I have the right to know what is going on directly from the sheriff and if I don't receive a reply today I will contact 8888 for assistance on Monday.
Now part of me thinks they want me to fly back there and see the sheriff who may well have a little present for me....a subpoena or two. Anyway....we will see.
Regards
#4544
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Re: Me and My Family
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#4545
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Re: Me and My Family
I would think that it would be unlikely that P11 would receive any of the money owing to him. However, it may be worthwhile for him to return to his previous location, and meet with the sheriff . If he is given subpoenas then he should go to court and present his case, therefore concluding the entire saga. P11 does hold the ace cards with the bigamy.
Surly it would be far better to come to a conclusion so he can move on with his life without having to worry about possible future legal matters.
Surly it would be far better to come to a conclusion so he can move on with his life without having to worry about possible future legal matters.