Ayaw Mag-bayad ng Utang? You Can Now File A Case Against The People Who Never Pay You Back!
Is someone hiding from you because they owe you money? Have you tried talking to them and they came up with many excuses not to pay you?
If the money you lent—including interests and penalties—is less than P200,000, you can now file a case under the “Rule of Procedure for Small Claims Cases.” Any individuals or businesses can get back the money they are owed through this new rule.
According to the website Nations Press, here is the step-by-step procedure on how to get your money back:
1. File a “Small Claims” case on the first level court– either in your place or the debtor’s address.
2. Choose one of these First level courts: a) Metropolitan Trial Court, b) Municipal Trial Courts in Cities, c) Municipal Trial Court and Municipal Circuit Trial Courts.
If you live in Pasig and the person who owe you (debtor) lives in Silang, Cavite. You can either file a case in Pasig Metropolitan Trial Court or in Silang-Amadeo Municipal Circuit Trial Court.
3. Fill up the following forms in the Office of the Clerk of Court: a) Information for Plaintiff, b) Statement of Claim, and c) Certification of Non-Forum Shopping.
4. Because you filed the case, you will need a “Verified Statement of Claim.” This means you promise in court that you provided the correct information and you have not filed the same case elsewhere.
5. You also need to present proof that the person indeed owes you money. Choose from ANY of these: a) signed contract by that person, b) promissory notes, bank deposit slips and other paper trails, c) latest demand letter with “proof of delivery and proof of receipt,” or d) affidavits of witnesses.
6. Pay the filing fee of P1,250.
And you’re done!
The case you submitted will be under review by a judge. If your case has merit, the person who owe you will be given documents, such as a Summon, Notice of Hearing, Response Form, Information for the Defendant, and other relevant documents.
You and the defendant will go to a “Settlement Discussion” where you will both try to settle the case. If no settlement happens, you will move to a court hearing right after. The judge will be the one to make a decision on the case.
Remember the judge’s decision is “final, non-appealable and immediately executory.”
If you know someone who needs this information, send them this article or share the link on Facebook.