Most of us Filipinos are really kind-hearted in nature, when someone we know, a friend or an acquaintance, would need help, we would never hesitate to help.
But isn’t it a hassle when someone borrows money from us and would promise to pay his/her borrowed money, but months or even years after, the debt isn’t settled yet? What’s worse, is when the time comes that we will be needing the money, our friend will begin to think and say bad things about us, which doesn’t make sense at all, does it?
Well, things will be much easier for you since the Supreme Court now has a law which will allow any individual or business to file a case against someone who owes them money.
Under the revised Rule of Procedure for Small Claims Cases, instead of taking years to process the case, now it’ll only take 30 days for you to get the result.
Included in this small claims cases are payment for debts, rent, services, buy and sell with amount of claims that fall within the jurisdiction of small claims courts from P 100,000 to P 200,000 effective February 01, 2016.
Listed below are the Steps in Filing Small Claims Cases 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. Accomplish a Verified Statement of Claim
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. Submit Proof of Loan
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. Pay the Filing Fee
After this, the plaintiff will then have to pay a small amount to file the case. According to a lawyer friend, this is usually around P 1,250.00.
The process which usually take 30 days, will start from assigning the case to a judge (through a raffle). A Notice of Hearing will then be sent to the plaintiff to inform of the scheduled date and time of appearance in court.
The two parties will then have a chance to settle the case during the hearing which will be meditated by the judge. If they will not come to any type of agreement, it’ll be moved to a court hearing which will occur on the same day.
Lastly, at the hearing, the judge will now make his or her decision regarding the case. The decision is final, non-appealable and immediately executory.