To compel debtor to pay, file action for collection of money in court
"I would like to file a case for collection of money against my friend’s cousin who owes me sixty thousand pesos (Php60,000.00). Out of mercy, I did not impose any interest on it because I know that he is facing financial difficulties. He was supposed to pay it last January. Up to now and after repeated demands, he has not paid me even a peso. I need my money now for health reasons. I don’t have enough money to get a lawyer who will represent me in court. I hope you can help me.
It must be very frustrating for you that after you have helped your friend’s cousin in his financial need, he failed to return to you your money on the date agreed upon. We understand your desire to make legal actions in collecting the same especially now that you need it for health considerations.A person who receives a loan of money or any other fungible thing acquires the ownership thereof, and is bound to pay to the creditor an equal amount of the same kind and quality (Article 1953, Civil Code of the Philippines). The creditor who was not paid by his debtor may go to the courts to seek redress for the debtor’s failure to fulfill his obligation. Because your friend’s cousin refused to pay his indebtedness to you, you may compel him to pay the same by filing an action for collection of sum of money before our courts. However, since your claim for payment of money is less than one hundred thousand pesos (Php100,000.00), your petition should be filed in accordance with the Rules of Procedure for Small Claims Cases before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts designated as small claims court of the place where you or your debtor lives (En Banc Resolution No. A.M. No. 08-8-7-SC dated October 27, 2009).
A small claims action may be commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. (Section 5, Rules of Procedure for Small Claims Cases). You shall also be required to pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless you are allowed to litigate as an indigent (Section 8, ibid.).You don’t have to worry about getting a lawyer who will represent you in this case as the appearance of lawyers in behalf of any party in small claims cases are not allowed, unless the lawyer is the plaintiff or defendant himself. If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent (Section 17, ibid.). Nevertheless, we highly recommend that you go to nearest Public Attorney’s Office in your place so you can personally confer with any of our lawyers who are more than willing to counsel you with your legal concerns.
Finally, we wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.We hope that we were able to address your concern.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"To compel debtor to pay, file action for collection of money in court"
was written by Mary
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and updated on 15 September 2021