Q: How Can I Obtain NBI Clearance When There is a Pending Case for a Bouncing Check? What Should I Do About the Interest Charged by the Lending Company?
A:
1. Obtaining NBI Clearance with a Pending Case:
a. Contact a Lawyer: Given the complexity of the situation, engaging a lawyer who is knowledgeable about the legal process in the Philippines may be advisable.
b. Investigate the Case: Since you believed the case was settled, thorough investigation must be done to understand the details of the pending case.
c. Obtain Case Dismissal: If you can prove that the case was indeed settled, you need to obtain an official case dismissal from the court.
d. Work with the Lending Company: Cooperating with the lending company and following their advice on the process may be necessary, though it must be done with caution.
e. Note on Timelines: The legal process may take time, and obtaining NBI clearance by a specific date might not be guaranteed. Informing the relevant parties (e.g., employer) of the situation could be necessary.
2. Addressing the Interest Charged by the Lending Company:
a. Review the Original Agreement: Look at the original lending agreement to understand the terms, including interest and penalties.
b. Negotiate with the Lending Company: If the added interest seems unfair or excessive, try to negotiate a more reasonable settlement.
c. Seek Legal Assistance if Necessary: If negotiation fails, a lawyer's assistance may be required to assess the legality of the interest charged and to negotiate or litigate on your behalf.
Conclusion:
The situation described involves both criminal (bouncing check) and civil (debt) matters. To address these concerns, seeking legal assistance is highly recommended. A lawyer can investigate the pending case, negotiate with the lending company, and guide you through the legal process to resolve both issues. While obtaining NBI clearance by a specific date might be challenging, following the appropriate legal procedures is essential to resolve the situation lawfully and protect your rights.