How to File a Small Claim in Court

Most people decide not to sue a debtor when the amount involved seems relatively small because of the known hassles and expenses of filing cases in court.  With litigation expenses and time wasted in court, forgetting a debt seemed to be a practical solution instead, until recently, when the Supreme Court issued the Small Claims Rule.

What is the Small Claims Rule?

This is an inexpensive and simple procedure for going after money claims that are not more than P 100,000.00 (one hundred thousand Philippine pesos).  The proceedings are quick and informal and all you have to do is obtain a blank form for Plaintiffs (the one suing), fill it up completely and attach the required documents to prove your claim.  Click here for a copy of the Plaintiff’s form in PDF format. You can print this form and use it for filing.

Preparation of documents

Preparation is important for you to succeed in getting a favorable outcome for your case will only be decided on the basis of the documents that you attach to your form.  Thus, before submitting your form, make sure that you have the following:

  • Documents proving your claim such as promissory notes, contracts, receipts, Affidavits of witnesses, checks or pictures
  • Latest demand letter and proof of delivery and proof of receipt (usually a signed acknowledgment if personally delivered or a registry return card if sent by registered mail)
  • Certification to file action from the barangay (if applicable)
  • Special Power of Attorney in case Plaintiff cannot attend
  • In case of a corporation, a Secretary’s Certificate or Board Resolution authorizing you to file the case

Other steps include:

  • Making photocopies of the filing form and supporting attachments (at least 5)
  • Having the form including verification notarized by the Clerk of Court in the Office of the Clerk of Court of the place where you are filing your claim.
  • Paying the filing fee.
  • Getting the date of your scheduled hearing.
  • Going to the court to which your case is assigned on the date of the hearing

Note that you are not allowed to be represented by a lawyer in the Small Claims proceedings but you may consult one BEFORE filing and attending your hearing.  If you are representing a company or corporation in a hearing, you will also have to bring written authority to appear at the hearing, enter into an amicable settlement, to submit to alternative modes of dispute resolution and to enter into stipulations or admissions of facts and of documents.

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81 thoughts on “How to File a Small Claim in Court

  1. melvin

    i want to file a short case to our customer, he loan a motorcycle to us, but the chattel mortgage that he sign to us is not notarized and it is not encumbered to our company. Can i attach our chattel mortgage for the requirements even if it is not notarized and encumbered to us?

    1. Christine Florido Post author

      Melvin:
      Attach ALL documents that you have , not only the chattel mortgage, to prove your claim. The Small Claims Court does not strictly observe the rules on evidence so the unnotarized and unregistered chattel mortgage may still be helpful. On the other hand, the rules require the plaintiff (the one suing) to attach ALL documents to prove the claim and will not entertain what is not attached. When in doubt, just include whatever evidence you have against your non-paying customer and let the judge decide from there. I hope this helps.

  2. Eugene

    I borrow my cousin 35,000 last May-June 2009 and pay me 2,000 last April 2010 in Oman.(She worked as an housemaid and left from her Boss (having only 104 pesos) because she is having a hard time in her job. I accept her and cared for her as my sister)Until now she is not paying me. Our Barangay Official already talked to her but still she is not paying me. Always she is promising me that she will pay. I need to make an action. But the main problem is i don’t have enough proof that she borrowed money from me but only a letter stating her gratitude of accepting her in my room but about the money no. I borrow her money for her mother to send in Philippines, for her ticket because her boss didn’t pay her anything. besides if not for me, she is in need to pay more than 100,000 here in oman but i helped her even i have a lot of problem.Please help me what to do. Eugene

    1. Atty Post author

      Eugene:
      You can show receipts of the money you deposited or remitted to her mother and for the ticket you paid.

  3. alvin *** ********

    maam kung wla siya pirmahan n promissory note pero my kasulatan kami pirma niya n mag bayad s date n nakasulat doon at lahat transaction my pirma niya ok n b yon at wla siya sa amin ngayon sa Davao work siya sa iloilo ok b din b file ako ng case

    1. Atty. Post author

      Alvin: Puede mong i-attach yung mga kasulatan niyo basta maipakita mo sa court kung magkano ang utang at yung pag-amin niya sa utang (sa pag pirma). Puede mong i-file ang claim mo sa Iloilo.

  4. Cha

    I have entered in to a contract of loan with a neighbor who is a contractor in a construction business, saying she will use it as a capital. I loaned her the amount of 100K, with an interest of 5k everymonth for 6 months. The 6 months contract had passed but all she paid was 4 months interest.Always pleading for an extension, her loan is now 18months, but she is no longer paying any interest or partial of the capital. She issued a check last Dec. but it bounced and pleaded to give her another month. I again gave her another month, but still she did not make any payments. Should i go to small claims court and still sue her for the bounced check?please help.

    1. Cha

      I hope someone could advise regarding my problem, i dont know what is the best i should do…i nedd my money now and i have been into debts because i cant get my money back for me to use…

      1. Webmaster Post author

        Cha: A reply was already sent to your email address. Kindly check.

  5. gemma busto

    i want to ask..what if the defendant deny her debt responding on the small claims case form..will be having a hearing next 2 weeks..is there any punishment lying on her affidavit response?

    1. Atty. Post author

      Gemma:
      Defendants are allowed to make general or specific denials but it is up to the judge to determine the truth of statements made in these documents by looking at the evidence presented. The rule is that the person filing the case or making a claim must prove his claim regarding the debt. Assuming that you are able to prove your claim against the defendant in court, then the consequence is a decision ordering her to pay you.
      I hope this helps.

  6. aida *********

    Good Morning,
    ang problema kung ito ay tungkol sa aking kaibigan na sa matagal na panahon ay umutang na sa akin. may enutang siya sa aking pera worth 95,000.00 na tinangap niya prendang lupain. ang kasunduan namin na hulog-hulogan niya 3,000.00 per week, within 50 weeks. pero natapos na lang ang 50 weeks. ang nahulogan niya ay 15 weeks lang. at marami pa siya kuha na cash nang na total lahat uma abot na ito 300,000.00 pesos. nang ipinatawag ko siya sa barangay ang sabi niya hulog-hulogan lang daw niya ang kanyang utang pero hindi siya pomerma kung magkano na lahat ang kanyang utang. at sabi pa niya na elligal daw ang aking negosyo dahil wala itong BIR. ang sabi ko naman hindi ako nag binta nang pera kung di sila mismo ang nag tungo sa akin na manghiram sila nang pera. payuhan sana ninyo ako kung ano ang dapat kung gawin. Maraming salamat and more power…

    1. Atty. Post author

      Aida:
      You don’t need any business permit or registration to collect an unpaid loan. You can file a case for the collection of sum of money in court and show proof of the amount borrowed through receipts, checks, and other documents. I suggest that you consult a lawyer already regarding filing a case for collection. Your lawyer should be able to suggest which documents to produce as evidence and help you file the necessary motions in court to protect your interest over the land provided as collateral. I hope this helps.

  7. alex r. pornes

    galing ng info… tnx!

  8. kris

    hi!…JUST WANTED TO ASK what if the defendant is indigent at this time they are working but the income is just enough for their basic needs and just wanted to pay 2000 pesos a month for their 500,000 debt… is there a way that i can make him pay more that what he wanted to pay because i know his immediate families is well enough to pay what has been owed to me…pls reply

    1. Atty. Post author

      Kris: A debt is a personal obligation that the defendant alone can be compelled to pay, unless he is married, in which case, his wife may be liable with her properties.

  9. kira

    Good day!
    I have an urgent situation concerning child support. My husband has been infidel for several years and had fathered 5 children (2 which is mine, 2 outside of wedlock during our marriage and 1 before the marriage) He has mental disorder which you might call a sociopath and has no moral compass and no guilt or whatsoever, leaving several women’s lives broken on his trail even with my warning. I asked for child support for our two kids because my job alone is not enough to make end meets but he’s refusing to coordinate with me and virtually avoiding me. he’s now with another woman in the province with his new kid and last year he fathered another one and left the woman right after she gave birth to his kid. i have all the evidence of his infidelities and i have a picture of his and my babies. i want to know how much should i ask for child support and alimony. thank u so much. your help is greatly appreciated.

    1. :-) Post author

      Kira: I believe a reply to this query was already sent via email. Kindly check and let me know if your query was overlooked. Thank you.

  10. Charmaine

    Hi.. I have an ex whom I provided the right for a SUPPLEMENTARY CARD (HSBC cc). Then she’s been using it eversince. Until we broke up. I terminated her account. The problem is there are still unpaid bills there that are hers. Now I want to file for a SMALL CLAIMS COURT. What do I need to prove or bring just to make sure this case will win and will let her pay. She owes me 35k and moving forward all the interest and charges that are still not computed up until now.

    Thank you and more power.

    1. Atty. Post author

      Charmaine: You may file a claim for reimbursement if you paid her credit bills in the meantime. Since this situation ordinarily does not have a contract or undertaking (unless you have a written agreement for reimbursement or repayment in your favor), you may have to attach all papers pertaining to the credit card account, including but not limited to the credit card statements, receipts of payment, collection or demand letter, any written communication from her acknowledging the debt to be hers, and all other proof you may have in your possession. Please check as well if your addresses require as a first step, a barangay conciliation proceeding before filing a claim in court.

  11. Mike

    I recently filed a small claim at the small claims court in QC. Until now I haven’t gotten any notice from them of when the hearing will be. Do I need to go to QC Hall to find out when the hearing will be OR are they going to mail me a notice about it?

    1. Atty. Post author

      Mike: I suggest that you pay the clerk of court a visit and follow up the hearing notice. Sometimes, mailed notices arrive late. Better to check on it yourself than risk not being prepared or worse, missing the important date.

  12. hanel

    Your site is very helpful. I would like to asked for your advice on my case.
    Case 1: Our client has an overdue account, our proof is only a delivery receipt which was received by his staff. We tried to forward a receipt of collection letter to them but to no avail. thus continue to hide and sometimes when caught, they would just verbally promise to pay. what you may suggest as alternative?
    Case 2: Our client also have an overdue but keeps on hiding with the relative. we cannot pin point where there where abouts. My only proof is a delivery receipt and not notarized letter of credit. Do I still need to forward a receipt of collection letter? to start filing my complain? will this evidence suffice?

    1. Atty. Post author

      Hanel: A reply was sent to your email address. Kindly check.

  13. may pablo

    i have a problem po. ibenenta ko po laptop ko ng 35k sa kaibigan ng friend ko, at napagkasunduan namin na pwede nyang bayaran ng tatlong hulog at ang una nyang ibinayad is 15k at ung remaining balance na 25k will be payable for 2 mos.pero ang nangyari po 2mos na ang nakalipas dun sa due date di pa din sya nagbabayad at wala kaming mga papeles na pinirmahan dahil lahat po ay verbal agreement lang sa kadahilanang yung frnd ko naman po talaga ang nag-guarrantor dun kaya po sa sobrang tiwala ko dun sa friend ko wala na kaming ginawang kasulatan dahil sya naman daw bahala kung sakali di magbayad yung friend nya. ang problema pa po yung kaibigan ng friend ko na napagbentahan ko ng laptop ay umalis na sa ibang bansa para magwork(sa singapore). panu ko po sya papapanagutin sa utang nya?panu ko sya pagbabayarin at how cn i file a case against her? pls help..

    1. Atty. Post author

      May Pablo: First, send a demand letter to the buyer of your laptop stating the circumstances of the sale, the promises made and the payments already made. Give your friend a few days to settle his or her obligation. In the meantime, you may have to retrieve old messages which may indicate any agreement or confirmation of the purchase. Look for notes or any pieces of paper which may have been sent by your buyer-friend that would indicate a sale of your laptop was made. And ask the friend who vouched for the buyer to execute an affidavit that he or she witnessed the transaction and knew of its terms. These are some of the documents you may attach to your claim when you file one at the small claims court. If you and the buyer are residents of the same city, you may have to go through barangay conciliation proceedings first before filing a small claim in the small claims court.

  14. Anonymous

    Hi Atty, i would just like to ask if how much is the filing fee for small claims court? Is it a fixed amount regardless of the case? If my case is all about raffle entries , can i file a small claims court case for damages due to the negligence of the company? appreciate your reply. Thanks.

    1. Atty Post author

      Anonymous: Filing fees usually start at Php1,250 and will depend on the amount being claimed. There is a maximum amount that you can claim in the Small Claims Court– Php 100,000, which includes the interest and other costs. If the amount being claimed exceeds 100k, your case will have to be filed in the regular courts. You can file a small claim for damages arising from negligence for as long as the amount you are claiming does not exceed the maximum of Php 100k.

  15. pau

    hello. i have an officemate who owes me P3000 from my last years 13th month pay. he tried to contact me via facebook messages saying that he cannot pay yet. so I told him that it’s okay as long as he is updating me. It’s almost a year and he has not pay me yet. I’ve been trying to contact him via facebook, but there is no reply. We dont have any formal promissory notes but can I use the screenshot of some of the messsage tht he will try to pay me as well as the thread wherein he is not responding to my messages? is the amount 3000 valid for a claim? thanks.

    1. Atty. Post author

      Pau: Yes. you may use copies of emails, electronic messages and text messages showing the amount of the debt and his acknowledgment when filing a claim in the small claims court. 3,000 is a valid claim for as long as you can prove it in the small claims court. I hope this helps.

  16. roseann****

    this person has a 70k debt to my husband at first she is remitting some payments but not she stop paying and not willing to pay anymore…but we don’t have evidences that she receives such amount from my husband but i decided to keep all the emails and conversation with her…do you think this can help?

    1. Atty. Post author

      Roseann****: Try asking someone who witnessed the release of the loan to execute an affidavit attesting to this fact also. The content of the emails may help depending on the actual words appearing in it and your ability to prove that the contents of the email were unaltered. Consider sending her a demand letter first for the remaining balance. If she replies with a letter or email, attach those as well to your small claims form. Another idea: if the loan was released through a check, you may be able to retrieve that check which may show that she encashed it. I hope this helps.

  17. encar

    nawala po ako ng work kaya hindi na ako nakakabayad ng credit card, ganun paman, nung mag kawork ako, nag avail ako ng program payment nila..3yrs to pay… after 1yr kung nagbabayad jobless na po uli ako…kaya di na uli ako nakakabayad…. may dumating na demand letter sa akin na pasok daw po sa small claims cases. Ang pag kakautang ko po ay nasa halagang 45,000 each, mastercard/visa..pwede po akong mag kasuhan sa small claims cases?

    1. Atty. Post author

      Encar: Yes, a money claim not exceeding 100K may be filed against the debtor in the small claims court. Usually, the judge will ask you if you can settle it. You can honestly say that you are jobless but you need to present a proposal showing how you intend to pay it. If you and the credit card company’s representative can’t agree to a settlement, then the judge will continue with the hearing and issue an order on the same day. I hope this helps.

  18. Sunshine

    before my cousin left for the US to work as a nurse, he left me a list of people whom he lent money to. He also left me an SPA authorizing me to institute cases against these borrowers in case they fail or refuse to pay their obligations. I already did all the steps in the Rules on small claims. But when I went to the OCC to file the case, the clerk told me that the PLAINTIFF himself must sign the statement of claims and the verification. even if the SPA he left me and I attached in the complaint authorized me to sign the statement of claims and the verfication and certification. I am confused. How can my cousin enforce his claim? thanks! =)

    1. Atty. Post author

      Sunshine: Your cousin will have to come back to file his claim in the small claims court. Personal appearance of the claimant is really necessary. SPA’s are not allowed except where the claimant is a corporation.

  19. ann

    can a recorded phone call considered as a proof of evidence that the person is acknowledging the amount owed? tnx!!

    1. Atty. Post author

      Ann: It’s possible for as long as you can prove the authenticity of the audio message. I suggest that you still find other means to prove the existence of the debt. A written acknowledgment is still the best evidence.

  20. ann

    thanks for that atty

    follow up question though, so i need to send him a demand letter na registered. but its just once a week na umuuwi sya dun sa permanent residence nila, and i also asked sa taguig hall of justice that kailangan ko raw proof na nareceive nya ung letter.for example meron daw sa lbc na acknowledgement receipt. what if parents nya nandun at that time and hindi ni receive ung letter? or is it enough na parents nya nag sign at hindi sya?

    i am also considering if i personally have him sign a written acknowledgement instead.

    thanks

    1. Atty. Post author

      Ann: Your options for the demand letter in the order of priority are: 1) personal delivery where he signs an acknowledgment on the receiving copy (so always prepare 2 copies , one his, one yours with proof of receipt 2) registered mail with a registry return card. If through registered mail, the post office will send you back the registry return card which will show that it has been received by anyone in his home. Be sure to keep the registry receipt issued by the post office and attach a registry return card to your letter. You can buy a registry return card from the post office for a few pesos.

  21. Yvrac

    Hi Atty, Just want to ask, just in case yung case namin is with PS bank they are already stating about the small claims, when we talked over the phone, I told them what figure I can only afford since I was laid-off from my work since 2009, but they are still pushing a certain protocol but I already sent 3,000 pesos out of 10,000 pesos na demand nila to enroll me in a installment basis, sa ngayon hindi na sila tumawag ulit, ano po ba dapat kong gawin, willing akong e settle, pero sila yung push ng push ng certain amount na hindi ko naman kaya kasi wla akong work.. I hope you can give me an advise on this.. thanks

    1. Atty. Post author

      Yvrac: Since your previous attempt to negotiate was made only over the phone, I suggest that you get the name of the account officer and his manager at the bank and write them both a letter stating your intention to settle your debt in specific installments until a certain date when you shall have completed all your payments. Let the bank manager’s secretary or other responsible personnel sign a receiving copy of your letter after you leave your letter with him/her. Don’t forget to include your contact number where you can be reached for further discussion. If they do not call you to discuss your payments and then you receive notice of their small claim in court, you should be able to use that opportunity to state your offer in front of the judge who may ask the bank to compromise with you. I hope this helps.

      1. Yvrac

        thanks so much atty. for the time in answering my question, i have a follow up question, in this time, the one handling this is a certain law firm, i believe they are collecting agents for the bank, Will I make and address the letter to them? I am really oblige to the certain protocol they are telling me to pay 26,000 as in in one time payment that is aside from my principal loan, that amount is only to make me avail the enrollment to a installment program, no matter how many times i told this collecting officer that I dont have that kind of amount, I told them if i can pay in installment basis. I hope you can help, clear my mind and have a very good sleep at night… I am so bother with this problem.. thanks in advance atty…. your such a great help…

      2. Atty. Post author

        Yvrac: You don’t have to promise them any amount that you can’t actually pay. The “law firm” collecting from you is indeed a collection agency which may have acquired your loan from the bank. You can still write the bank and ask them to restructure your remaining balance. If the bank sends you written confirmation that the account is no longer theirs, then you may have to tell the collecting agency to accept your settlement offer, without the one-time payment of Php 26,000. Another option is to pool all your available cash and see how much free cash you have– then inform the bank that you are willing to settle your unpaid loan in CASH at that amount. See if they will accept your offer. Some creditors are willing to accept a lower amount in CASH rather than risk not getting paid at all. I hope this helps.

      3. Yvrac

        thanks attorney. I will follow your advise…

  22. anne

    Hi Atty,

    I gave birth last Oct. 11. Nagkasundo at ngpirmahan kami sa brgy. ng father of my child na share sa hospital bill (were not married kc).

    Until now hindi pa sila nagbibigay ng share nila sa hospital bill though ngbibigay sila ng 1k allowance for baby na kulang na kulang.

    Can I use this case (Small claim) to get their share in hospital bill?

    Thanks,
    Anne

    1. Atty. Post author

      Anne: If your barangay agreement with the child’s father is in writing, then you may file a small claim for it for as long as it is not more 100,000 pesos.

  23. Alphecca A

    hi atty. great post. very informative and helpful. i would like to ask if a text message would suffice as a demand letter. moreover, i would like to cconfirm if i can file the case here in Manila but the defendant is in the province. One more thing, will the cost of the litigation be reimbursed by the defendant? Just in case a judgment in my favor will be rendered, how can I ensure the defendant will pay mme. Can he be held in contempt of court if he will not heed to the court’s order? thanks a lot and more power!

    1. Atty. Post author

      Alphecca: No, the demand letter must be in written form and accompanied by proof of receipt (personal delivery or by registered mail). You can file the claim in the court of the place where you reside or where the defendant resides. You may include your court costs in your claim, provided it does not exceed the threshold amount of 100K and the court MAY decide to grant your claim if the defendant does not enter into a compromise with you and fails to attend the hearing. A favorable judgment may be enforced through writ of execution which you may request immediately upon the termination of the hearing. Failure to comply may prompt the judge to hold the defendant in contempt and issue orders to fulfill the judgment (i.e. garnishment, etc)

  24. Alphecca Adolfo

    hi atty. thank you very much for the reply. greatly appreciated. are text messages of her promises to pay admissible as evidence? moreover, i learned from my oblicon class (im a first year student of law) that i can collect interest from the time of my first demand (although extrajudicial) even though interest payment was not agreed. my first demand was only through text though. does it mean that the reckoning period is the time i sent the formal demand letter? may i also ask for a rough estimate of the court cost. actually her debt is only P5,000 but I want to teach her a lesson not keep on defrauding people. my evidence at hand are the cebuana lhullier receipt and her text messages only. would these suffice? thank you very much for your help Atty. More power! I hope to be one like you in the future.

    1. Atty. Post author

      Alphecca: I suggest that you send her a demand letter already so that you can attach proof of service of this demand letter to your small claims form. Include your claim for interest and all other claims that you may have against her in the same form. The judge will most likely ask both parties to settle the matter amicably before issuing an order. The court costs could reach 1,500 to 2,000 because of the Sheriff’s fees for serving the complaint on the other party. You may include that as well in your claim.

  25. ladyheart

    Hi, may question po kami. My sister helped someone that she barely knows to get a loan from a lending company. Mga 80k po na umabot na ngayon ng 96k with interest, since 2007. Yung sister ko po pumirma sya as a witness, and there also another one more witness. Ginamit po yata yung pera to work abroad. Ang problema po, yung sister ko po ska yung isa pang witness ang pinagbabayad ng lending company. Ang alam ko po naghuhulog yung sister ko at yung other girl ng 1k a month to pay it off, kasi makukulong dw po sila. Ngayon po hindi makakuha ng nbi yung kapatid ko kasi kinasuhan yata silang mga witness dahil hindi na mahabol yung umutang. Napakaunfair naman po kung yung sister ko na wlang work ang magbabayad ng 40k na hindi nmn sya ang me gawa. Ano po ba ang pedeng gawin? Kahit po ba 2007 pa pwede pa magfile ng case? Once na maifile yung case, may chances po ba na makatakas yung tao to work abroad ulit? Thanks po!

    1. Atty. Post author

      Ladyheart: It’s possible that your sister did not sign merely as “witness” but as “guarantor” or “surety” for the loan obtained by that other person. I suggest that your sister attend the hearings of her case and get a lawyer to help her raise the appropriate defenses in her favor. Her lawyer may also consider filing a case against the original debtor of the loan she obtained in 2007 and all other remedies to ensure that the debtor does not flee the country while the case is pending. I suggest that your sister act soon. Everyone should be cautious about signing loan agreements to ensure that their participation in the execution of the agreement will not lead to legal obligations in case the debtor defaults.

  26. EKO

    Good day POH what kind of SPA needs in small claims kasi im working abroad and i gave a SPA to my MOther without Passing in PHIL embassy,, that would be OK?

    1. Atty. Post author

      EKO: If you executed the SPA abroad, you need to notarize it there and then have it authenticated in the Phil. embassy before sending it to your mother for her to use during your hearing in the Small Claims Court.

  27. lan s******

    salamat salamat salamat sa may-ari ng website na ‘to… nabigyan ako ng idea paano masingil ang may utang sa akin ng 34,500… thanks po ng madami

  28. Leslie

    we own a commercial building wherein one of our tenants has refused to settle his rent and utilities. we did not execute any contract anymore. what other options do i have to get any evidence that he owes me such amounts? thanks

    1. Atty. Post author

      Leslie: Ask a lawyer to send the tenant a demand letter stating the total amount due for rent. If he owes you utilities then you may also include those amounts. The previous contract of lease, though not renewed, may be used as basis for computing the monthly rent as the court may assume that the lease while the tenant is still occupying the premises is on a month to month basis. Other previous statements of account properly received by the tenant and the latest demand letter showing the signature of the tenant (that he has received it) may help you prove the amount due.

  29. Divine Grace L****

    Maam ask ko po sana if wala po kami kasulatan and all is verbal.pero po my mga email sa sakin na his admitting n may utang po sya and my nirecord po me ung ngusap kami about sa utang nya..1 year n rin po kc ung utang nya.

    1. Atty. Post author

      DivineGrace: You may also ask someone who has witnessed the loan transaction to execute an affidavit attesting to the transaction and its details.

  30. lily

    My former landlord has not refunded my security deposit yet. It is due last Oct 13. I texted her to remind her of the due date and she replied that she’s going to the condo next month pa. I told her that the deposit is due Oct 13 and not next month but she replied to talk to her agent and that there are damages that needs to be repaired in the unit. I’ve been requesting to meet with her since we moved out of the unit but she never responded and ignored my requests. She’s not answering my calls and her agent calls as well. She did not notified or sent any communications about the repair she is claiming now until the due date of the security deposit came, which is two months. Her agent was not informed of this claim as well until now. I checked with the admin of the condo and i was told that the unit has been rented last September, but she has not yet submitted my move-out form at the admin. I was told by her agent that she is now claiming for other repairs, electricity, water (electricity and water is updated when i left the unit) from her unit that she’ll be deducting from my security deposit. I was asking for her address so i can send her a letter but she’s not replying. She won’t give it to her agent as well. The admin office does not know her present address as well. I inquired from her new agent but they refuse to give me the address. They told me it’s my agent’s problem and not theirs. I made a demand letter coursed thru my landlady’s agent and i had it received and copied the condos admin office. The agent then informed my landlady that she has a demand letter but she’s still replying the same thing and now she’s claiming that she has missing things in the unit which she’ll also deduct from my security deposit. Can she withhold my security deposit for more than the prescribed date. She visited the unit several times and had clients view them when we moved out. I left the unit in a much better condition than when i moved in, and my landlady knows that coz she thanked me twice for taking good care of her unit when we saw each other at the unit the day after we moved out. This was when she stayed the whole day because she was waiting for the truckers who will move out her things to her new place. I am planning on filing a small claim suit. I’d like to know if i can win this case, especially when i can not get her present address. thank you.

    1. Atty. Post author

      Lily: Your contract of lease should contain a statement of the unit owner’s address. If you have any claims against the unit owner, the appropriate location to address a demand letter or summons would have to be the stated address in the contract of lease. Provided that you have documents showing your lease arrangement, deposit terms and return provisions, acknowledgment of the payment of the deposit and letters demanding for the return, your small claim may succeed in court. A lawyer should send the demand letter and will know the legally prescribed methods for sending it to the person concerned.

  31. Mary Victorine O****

    meron pong apat n bahay n nkasanla sa akin…(30k,30k,20k,15k) may kasulatan kami ng contract with notary,, ngaun po wala n akong masingil khit yun tubo o kapital.. ano po kaya ang assurance n may macicingil ako kung magfie ako sa small claim court?single mother po ako at jobless kaya kailangan ko pong makuha nag aking pera… please help me

    1. Atty. Post author

      MaryVictorine: You may file separate claims against the borrowers of those sums of money at the small claims court and the favorable outcome will depend on the documents you are able to show in court. However, your debtors may raise defenses against your claim such as prior payment or payment in kind (if applicable) or other settlement agreement extending payment terms, to reduce the amount you are claiming. And they may also propose that they be allowed to settle your claim in installments.

  32. Ann

    Atty. Please advise me. Kumuha ako sa Globe Asiatique ng house and lot at nagbayad ng Php 75000 for the full payment of equity. Pero walang nasimulan na project meaning wala namang natayong house, kasi nagka-issue na nga sila with Pag-ibig Fund. I demanded for refund para mabawi ko ang perang binayad ko and a certain Mr. Cuyugan,( siya din ang nag-accept ng payment ko na Php 75000 at naka-signed sa receipt ko) issued me a letter na nagsasabing they will process my request in due time. 3 years na wala pa rin nangyayari sa request ko at hindi ko pa rin nababawi yung pera ko. What will I do? Pinagtataguan na ako Atty. Please advise me Atty. Thanks a lot. God bless.

    1. Atty. Post author

      Ann: I suggest that you get a lawyer to send them a demand letter and file the appropriate case before the HLURB in case they refuse to return your payment or deliver the property you bought.

  33. dada

    Good day! I just wanna ask, I have a co-worker before na umutang ng perfume worth 1.6k which is good for 5 gives para hindi mabigat. Yung salary namin is bi weekly. It was on Last week of April 2012 sya kumuha. Since we worked together kampante lang ako pero I was a bit worried kasi 3rd give sya nagpay ng 500 then natapos na ang 5th give wala pa rin. I already resigned on August sa work pero wala pa rin syang binabayad sa balance niya. I’ve been talking to her nicely to settle it pero mukhang sya pa yung galit. She’s still working and she said last month(september) na magloan sya sa bank to pay me. But I already gave her a month pero wala pa rin. Until now wala pa rin yung payment niya. The evidence that I have is her text message to my friend na threatened na susuntukin daw ako kung pupunta ako sa workplace niya to talk to her. Then yung facebook message na wait daw lang ako 1 week for the process of her loan pero more than 1 month wala pa rin. Two weeks ago sabi niya give sya 500 pero after texting her where to meet, wla nang reply until now. Pasok po ba evidences ko to file the claim? Salamat po sa pagbasa. :)

    1. Atty. Post author

      Dada: You may ask your friend who personally witnessed the sale transaction to sign an affidavit stating the circumstances of the purchase on installment. The affidavit may be attached to the small claim as evidence of the transaction.

  34. R

    I have a pending loan. I have been paying for the monthly amortizations months after I lost my job. I tried to reach out to the bank (email, phone & personal appearance) but all I received were rude and crass responses; I tried to reach out to the law office but the phone # of the law office was actually the bank’s collection dept’s # so it ended with the same results.

    Now I have a summons. And I’m still unable to make payment because even though I have a job, it does not pay as much as it used to. Please advise. Thanks.

    1. Atty. Post author

      R: I suggest that you get a lawyer to represent you already since there is a case pending against you in court. But assuming that you don’t have sufficient funds to settle your loan in full, you may inform the court of your situation and propose (through your atty.) that you be allowed to settle your obligation in installments. IF the loan is secured by a mortgage, it is possible that the bank will foreclose on it and take possession of the property used as collateral as well.

  35. Pamela P

    Pano pag wala namang kasulatan puro text lang ang way para mangutang. Is it possible na makapag file ng small claims?. And kapag 60% ang interest nung nagpautang, is it lawful in the first place?.

    Thanks

    1. Atty. Post author

      Pamela P: You may submit affidavits of witnesses attesting to the loan or the borrowing, and attach that to your claim. 60% interest may be declared too high by the court and you may not collect the interest if it is not proven in writing.

      1. Pamela

        Hindi po sya loan Atty. nangutang lang po ako thru text. My uncle and i just computed it and we found out that te interest is 60% cause in every 500 pesos the interest is 300 pesos. Wala pong kasulatan and all puro text lang po. Tapos ayaw nya sabihin name nung nagpapautang. Yung garantor lang po lagi kong nakakausap.

      2. Atty. Post author

        Pamela: For interest to be legally collected in court, the lender must show proof of the existence of the loan and the written agreement to pay the interest on the rate agreed upon. Loan or “utang” refers to the same transaction.

  36. susan l

    pwede po ba ako maghabla kung 3 iba-ibang tao ang may hiram sa akin at ang total po ng nahiram nila ay 5k 5k at 7k total of 17k?.. at pwede ko po bang gawing ebidensya ang facebook messages na nagsasaad na nanghiram sila at natanggap nila ang pera?.. mga magkano po kaya ang magagastos ko para sa ganitong klaseng claim?

    1. Atty. Post author

      Susan L: You’ll have to file one small claim for each of the 3 persons who owe you money. Facebook messages, to my knowledge, is not yet admissible as evidence in the small claims court but you may submit affidavits of witnesses to prove their borrowings. As for the costs of each claim, each may amount to approximately 1,500. You may include the cost of filing your claim in the amount you intend to claim from them in court. Just list and identify each clearly so it is not mistakenly identified as the loan amount.

  37. Myra B

    Please advice me, noong nasa Doha, Qatar ako, may naging kaibigan ako at minsang nasabi nya na kailangan nilang mabayaran ang lupa ng bahay nila sa uncle nila sa loob ng 2buwan. nag sabi sya sa akin na kung pwedeng makahiram sa akin. pinahiram ko sya ng 95K (june 29, 2010) at nagkaroon kami ng kasulatan na babayaran ang nautang nya sa june 29,2011. nawalan sya ng trabaho sa doha at umuwi sya sa pinas. nang magbakasyon ako sa pinas, nagkita kami at nanghiram sya ng pang dagdag sa negosyo nya na firecrackers na halagang 10K, at humiram din sya ng 6K pra sa pang hulog nya sa paluwagan nila, pero sumahod sya sa paluwagan di nya ibinalik ang hiniram nya sa akin. nanghiram din sya sa akin ng pambili ng laptop noong nsa doha pa kami. ngayon ay nsa Dubai na sya at hindi nya pa rin ako binabayaran. umabot na sa 195,000.00 ang utang nya sa akin, at sabi nya ang kaya nya lang daw mabayaran ay 5,000.00 kada buwan, nag padala po ako ng demand letter sa kanila noon pero bumalik lang sa akin kasi daw, unknown address daw. pero tama naman po ang address na pinagdalhan ko kasi un din ang address sa resume at ID’s nya. maaring tinangihan lang nila ang demand letter ko. tulungan nyo po ako, gusto ko pong masingil ang lahat ng perang hiniram nya sa akin, pero wala po sya dito sa pinas. may paraan pa po ba para masingil ko sya? -maraming salamat po

    1. Atty. Post author

      Myra B: It’s best to wait for your debtor to return to the Philippines and file a collection case as soon as you know of his return.

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