Friday, January 20, 2012

How to Make A Person Who Owes You Money Pay You Back

How to File a Small Claim in Iligan City

Do you have a friend who owes you money but never pays you back? Is the amount owed a hundred thousand pesos or less?

Is the person just keeps on promising you to pay but never do? Have you exhausted all 'friendly' means but to no avail?

Someone owed me money and she failed to pay and refused to honor our written agreement so I decided to bring my case to the Small Claims court. This is very educational and refreshing for me because, like many other people out there, I never thought I could easily and inexpensively file a claim against someone who refuses to pay me back.

Filing a case in court takes a lot of time and money which discourages people to sue their debtors.

It's a good thing to know that the Supreme Court has come up with Small Claims which allows ordinary people like you and me file a claim in court against another who conveniently forgets to pay the sum of money owed.

As I have mentioned above, this is the first time I filed a claim and I find the how to video below very, very helpful. (And very entertaining, too!)





So, if someone owes you money not more than P100,000 and that person refuses to pay you back no matter how hard you tried, you can now make them pay back the money they owe you.

What Is a Small Claim?

Small claim is a special legal procedure where money claims for a hundred thousand pesos (P100,000.00) or less are heard.
  • It is a quick, simple, and informal procedure.
  • No attorneys are allowed during the hearing (unless of course if you are the plaintiff and you are an attorney)
  • The hearing and the judge's decision are completed in just one day. 
  • The decision is final and non-appealable and immediately executory.
This document from the Supreme Court website explains everything there is to know about the Rules of Procedure of Small Claims Cases.

How to File a Small Claim in Iligan City

Here are the steps one should take when filing a small claim in the city of Iligan.

1. Obtain the necessary blank forms from the Clerk of Court of the Hall of Justice. You may need to pay P20 for the docs.

These are the documents you need to fill up:
  • Information for Plaintiff
  • Statement of Claim
  • Certification of Non-Forum Shopping
2. Be sure to ask the court employees how to fill up the documents correctly. 

3. Attach any important document that will show that the loan occurred, such as written agreements, receipts, photocopies of checks issued which the borrower encashed, promissory notes, etc.

4. Make seven (7) copies of each completely filled-up forms together with the paper evidences.

5. Pay the docket fees at the Cashier. The amount you need to pay depends on the amount of your claim. For a P68,000 claim, for example, the fee is P2,915.00.

6. Submit the forms and get the schedule of the hearing.

If you have learned from this blog post, please spread the news and help others deal with people who goes into the habit of borrowing money but never have the intention of paying back just because they know that filing a civil case for sum of money in court is not worth it

With the creation of Small Claims court, these type of people will think twice before they borrow.

50 comments:

Anonymous said...

As far as I'm concerned, SCC was just a waste of time for me.A "friend" wanted to start a small business, borrowed 2,000 dollars from me with the promise to pay it back. I wrote and typed up a promissory note, which he signed. Even had it notarized, made God knows how many copies, but when it came time for this "friend" to start making payments back to me (at $25 a month with no interest) I GOT NOTHING. So I reminded him. Got excuse after excuse until I had realized he had no intention of ever paying me back. Went to the courthouse, filled out all the necessary forms, payed the fees, to take him to SCC. I won, of course, but collecting the money...? He had been mailed forms by the courthouse re: court date, what he was being sued for, etc. He filed for bankruptcy which made my claim null and void. He also, I found out, had kept his name under the radar for so many years that it would be impossible for me to collect one red cent from him. You see, he worked under the table, never paid taxes, put every vehicle he has ever owned in his daughter's name, always used someone else's address, so I am basically screwed out of that money. Small Claims Court did nothing for me. I wish vigilante justice was legal. I would implement it.

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