Legal Aspects

Question 1

The Legal Collection Process

Answer 1

1. Sending of Proper demands to the party- obligor- debtor
2. Gathering, preparation, and review of actionable documents
3. Complaint preparation
4. Filing of the case
5. Service of summons
6. Reply of the Parties to the case

Question 2

Complaint Preparation

Answer 2

1. Review of the theory of the case with the attorney
2. Matching documents and evidences with available credible and competent witnesses
3. Verification/ notarization

Question 3

Check that the correct _______ fees are paid

Answer 3

filing

Question 4

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.

Answer 4

branch, expeditious, special

Question 5

If need be, serve through your ___ representative and request court ________ server to make the ______.

Answer 5

own, process, return

Question 6

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 _________

Answer 6

file, motion, special sheriff, reliable sheriff, own representative

Question 7

Motion to dismiss is either on the following grounds

Answer 7

1. No cause of action
2. Prior Payment
3. Venue is in issue
4. Wrong party

Question 8

BSP’s Unfair collection practices

Answer 8

Section 320.14

Question 9

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.

Answer 9

permissible, faith, reasonable, unscrupulous, untoward

Question 10

Inconvenient time or hours

Answer 10

before 6:00am and after 10:00pm

Question 11

A threatened penalty for disobeying law or rule.

Answer 11

Sanctions

Question 12

Proceedings Upon Violation of This Act and Other Banking Laws, Rules, Regulations, Orders or Instructions.

Answer 12

Section 36

Question 13

Administrative Sanctions on Banks and Quasi-banks.

Answer 13

Section 37

Question 14

AN ACT TO REQUIRE THE DISCLOSURE OF FINANCE CHARGES IN CONNECTION WITH EXTENSIONS OF CREDIT

Answer 14

RA no. 3765

Question 15

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.

Answer 15

P100, equal, twice, greater, P2,000

Question 16

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 _____.

Answer 16

P1,000, P5,000, 6 months, one year, both

Question 17

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.

Answer 17

Batas Pambansa Blg 22

Question 18

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.

Answer 18

thirty days, one year, double, 2,000

Question 19

be reluctant to pursue overdue payments aggressively due to concerns about damaging relationships or causing discomfort.

Answer 19

Hiya Syndrome

Question 20

emphasizes the interconnectedness and shared humanity among individuals.

Answer 20

Kapwa Tao

Question 21

a mindset of “leave it to fate” or “come what may.”

Answer 21

Bahala Na

Question 22

refers to the tendency to start tasks with enthusiasm but quickly lose interest or fail to follow through

Answer 22

Ningas Kugon

Question 23

means “tomorrow” or “later,” symbolizes a procrastination habit or a tendency to delay tasks.

Answer 23

Mañana

Question 24

method used to collect outstanding debts by deducting a portion of an employee’s salary.

Answer 24

Salary Deduction