Find a lawyer narrates the facts and supporting evidences. The lawyer will make the formal complaint or affidavit.
File the formal complaint or affidavit to the prosecutor office where you are made to sworn.
After that do not make any offensive statement against the respondent otherwise the latter might sue you of libel or whatever, just keep your mouth shot or if ever you cannot be very careful that you could not offense the respondent.
w can i file swindling case to the person who not paying his loan money
Yes, a person can file estafa in the context of a personal loan agreement if they can demonstrate that the borrower had no intention of repaying the loan and committed fraud during the agreement. Estafa typically involves deceitful practices that lead to financial loss. However, the specifics can vary by jurisdiction, and the person must provide sufficient evidence of the fraudulent intent and actions. It's advisable to consult a legal expert for guidance based on the particular circumstances.
To file a civil lawsuit for estafa (fraud), you typically need to go to the local court in the jurisdiction where the defendant resides or where the fraudulent act occurred. You may also choose to file in a small claims court if the amount involved falls within its limits. It's advisable to consult with a legal professional to ensure you follow the correct procedures and understand the relevant laws in your area.
The Estafa Case was deemed non-bailable by a court in Pampanga on October 5, 2012. The case stemmed from allegations of a scam where ghost buyers were put in place for Globe Asiatique.
"Estafa" in the Philippines refers to a legal term for a type of fraud or swindling, where an individual deceives another to gain money or property. It is covered under Article 315 of the Revised Penal Code, which includes various forms of deceit, such as misrepresentation or the use of false pretenses. Cases of estafa can involve scams like investment fraud, non-payment for goods or services, or the sale of nonexistent properties. The penalties for estafa can be severe, including imprisonment and fines, depending on the amount involved and the circumstances of the crime.
Estafa is Spanish for fraud or criminal deception, from the word Estafar meaning to swindle
Yes, swindling can be considered estafa, because swindling is committed by a person who defrauds another by means of cheating or stealing. Estafa on the other hand is committed by a person who defrauds another by means of unfaithfulness or abuse of confidence. therefore Swindling and estafa is committed by means of "deceit".
It is a criminal case.
Swindling. Estafa is committed by a person who defrauds another causing him to suffer damage, by means of unfaithfulness or abuse of confidence, or of false pretense opt fraudulent acts. For the existence of the crime of estafa, two elements are indispensable: fraud and damage. In other words, the essential elements of estafa are: (1) The deceit employed to defraud another; and (2) the injury or damage caused thereby.
Credit itself is not considered estafa, as estafa refers to a specific type of fraud or swindling where a person deceives another to gain money or property unlawfully. Credit is a legitimate financial arrangement that allows individuals or businesses to borrow money with the promise to repay it later, usually with interest. However, if credit is obtained through fraudulent means, such as misrepresentation or deceit, that could constitute estafa.
It's a scam
Paralegals are not attorneys and do not and can not function as one. The only cases they may file would be a pro se case on their own behalf.