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Introduction - Special Notice Money Orders - Postdated Checks - Restrictive Legends Stale Dated Checks - Ownership Disputes - Stop Payment Orders Over Drafts - Dead or Incompetent Customer - Breach Of Fiduciary Duty If a customer reports that one of the above types of instruments (hereinafter referred to collectively as cashier's check) is lost, stolen, or destroyed, and the check was issued in a state which has adopted revised Section 3-312 of the UCC, there is a procedure to be followed to make a claim.

Here are some of the issues inherent in the procedure: Who is the claimant?

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If the customer has made a claim alleging that the check was stolen, you will want to determine if the endorsement has been forged by a thief. If an enforceable claim is made under Section 3-312 and the check is later presented for payment, you do NOT return it stop payment.

What are the elements of Estafa with unfaithfulness, under Article 315, par. The elements of Estafa under Article 315, 1(a) of the Revised Penal Code, (a) That the offender has an onerous obligation to deliver something of value; (b) That he alters its substance, quantity or quality (c) That damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons; 10. It is still estafa even if the obligation be based is immoral or illegal. What are the elements of Estafa with abuse of confidence, under Article 315, par. The elements of Estafa under Article 315, 1(b) of the Revised Penal Code, (a) That money, goods or other personal property is received by the offender in trust, or on commission or for administration, or under any other obligation involving the duty to make delivery of or to return the same; (b) That there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; and (c) That such misappropriation or conversion or denial is to the prejudice of another; (d) That there is demand by the offended party to the offender. To "misappropriate" a thing of value for one’s own use or benefit, not only the conversion to one’s personal advantage but also every attempt to dispose of the property of another without a right. Define Estafa Estafa is a criminal offense wherein a person defrauds another by the following means: 1) By UNFAITHFULNESS or ABUSE OF CONFIDENCE; 2) By DECEIT; 3) By FRAUDULENT MEANS/ 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 or fraudulent acts. Explain “Estafa through unfaithfulness or abuse of confidence.” Estafa through unfaithfulness or abuse of confidence is done by: (a) Altering quality, quantity and substance of subject matter of contract; (b) Misappropriating or converting goods/property of another; (c) Taking advantage of a signature in blank 3. Explain “Estafa through fraudulent means.” Estafa through fraudulent means is done by: (a) Inducing another, by means of deceit, to sign any document; (b) Resorting to some fraudulent practice to ensure success in a gambling game; (c) Removing, concealing, or destroying, in whole or in part, any record, office files, document and other papers. And deceit is the false representation of a matter of fact whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so he shall act upon it to his legal injury. Explain “Estafa through deceit or fraudulent acts.” Estafa through deceit or fraudulent acts executed prior to or simultaneously with the commission of the fraud is done by: (a) Using fictitious name as means of deceit; (b) Altering quality, fineness or weight of anything pertaining to art or business; (c) By issuing unfunded checks or postdated checks; (d) Availing of services of hotel, inn, restaurants etc. The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud. Court of Appeals, 416 SCRA 418 (1998)) Deceit is a species of fraud. When you're done with the email, click Options, then delay delivery, and click the box "do not deliver before" and just change the drop down date and time. YOur email will stay in your outbox until the time you scheduled it to go out.Also, you have to leave your computer and outlook running for it to go out....It is not difficult to understand that a post dated cheque is not payable on demand.The courts considered under the Negotiable Instruments Act, 1881. In 1998, the Supreme Court ruled that a post-dated cheque is a bill of exchange and does not become payable on demand until the date written on the cheque: If a post dated cheque is a bill of exchange which is not payable on demand how the stamp duty will be calculated on such a bill of exchange. Is “intent to defraud” a necessary element of estafa? Intent to defraud is not necessary in all types of estafa. Damage or prejudice may consist of: (a) The offended party being deprived of his money or property as a result of the defraudation; (b) Disturbance of property rights; (c) Temporary prejudice. Make sure you're actually going to be in the office during the time you set for the reminder message as your email will only send when Outlook is running.In order to use Medscape, your browser must be set to accept cookies delivered by the Medscape site.The claim only becomes effective if the item is not presented for payment and paid in the meantime.However, once a claim has been made, you need to find a way to flag that check so that if it comes in you kick it out and investigate before your midnight deadline.By Matt: I often send emails to team members requesting various submissions or details from them by a certain deadline.Invariably I only get a fraction of my desired responses by the due date, so I've taken up the practice of pre-writing reminder emails for the team and postdating them in Outlook to be sent at a later time (e.g. I love this trick because it takes care of two action items at once, and in fine GTD form is an example of "batching".

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