There is now good news out there for people who are owed money by individuals who are having a hard time paying their debts. If the person owes you money and takes about almost forever to pay to match along with some silly excuses, there is now a solution for this
Former Supreme Court Chief Justice Reynato Puno revealed under the “Rule of Procedure for Small Claims Cases” that a person or individual is allowed to file a case against someone who owes them money.
To do this, the money claim should not exceed about P200,000 which includes penalties and interests (should there be any). If the amount exceeds that, then the plaintiff would have to proceed to regular court.
You don’t need to look around and hire a lawyer in order to file a ‘small claims’ case in the country. It’s very easy, as discussed below in a video that will guide you with thorough instructions.
Here are the basic steps for filing a Small Claims Case in the Philippines:
1. Go to either one of these places to file your case:
* First level court of the city where you live.
* First level court of the city where your debtor (defendant) lives
2. First level courts are defined as any of the following:
* Metropolitan Trial Court
* Municipal Trial Courts in Cities
* Municipal Trial Court
* Municipal Circuit Trial Courts
3. Go to the Office of the Clerk of Court and fill up the following forms:
* Information for Plaintiff
* Statement of Claim
* Certification of Non-Forum Shopping
4. As plaintiff, you would also need to accomplish a Verified Statement of Claim which certifies that all information you gave is correct and you have not filed the same case in any other court.
5. You would also need to provide other important documents that will show sufficient proof that the loan occurred, this can be ANY of the following:
* Signed contracts by the defendants.
* Promissory notes, receipts, bank deposit slips, checks and other “paper trails”
* Latest demand letter with proof of delivery and proof of receipt
* Affidavits of witnesses
6. After this, the plaintiff will then have to pay a small amount of around P 1,250 to file the case.
Now, after going through the process of submitting the documents and paying the administrative fees, the court will then assign the case to a judge through raffle. If there is merit found in the case, the defendants will be given a Summon where the presence of both parties are required.
A notice of hearing will be sent along with the scheduled date and time of the appearance in the court. During the settlement discussion, the two parties will have an opportunity to settle the case with the mediation of the judge.
If no agreement is made, the case will proceed to a court hearing on the exact same day. After the hearing, the judge will make a decision in regards to the case. The judge’s decision will be final, non-appealable and executed immediately.
These are the steps that you should follow if you want to file a small claims case here in the Philippines.
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