Is there someone who owes you money and they’re not paying? If yes, that situation can be very stressful and frustrating, especially in times when you really need the money they owe you. If that happens to you, there’s no need for you to worry. You can actually solve that issue through the Small Claims Court. If you are interested in filing a case against people who owe you, here’s a guide.
Filing a Case Against People Who Owe You Guidelines
Amount of the Money that can be Filed in Small Claim Court:
According to Supreme Court (SC), the amount of money that can be filed through the Small Claim Court should not exceed Php 200,000 including the fees and interest. If the money exceeds, the plaintiff would need to be settled in a regular court.
How to File a Small Claim Case?
- Proceed to the following places if you wish to file a small claim case:
- 1st level city court where you live
- 1st level court of the city where your debtor lives
- List of First Level Courts:
- Municipal Trial Courts
- Municipal Circuit Trial Courts
- Metropolitan Trial Court
- List of First Level Courts:
- Proceed to the Office of the Clerk of Court and fill up the following:
- Statement Claim
- Information for Plaintiff
- Certification of Non-Forum Shopping
- Once you fill out all that information, you need to check the Verified Statement of Claim. Make sure that all information you submitted is correct.
- Submit proof of loan. Any of the following can be submitted:
- Bank deposit slips
- Receipts
- Promissory notes
- Affidavits of witness
- Signed contract
- Demand letter with proof of delivery or receipts
- Lastly, pay the fee. The payment amount is more or less Php 1,250. Proceed to the nearest first-level court in your location to inquire about the exact payment amount.
After you’ve done all the processes, the court will take care of your claim. It will be assigned to a judge. If they find your claim truthful, they will summon your debtor. Then the plaintiff will be informed and will receive a notice of hearing. They will then schedule the date and time of the appearance in court.
While both parties are in court, there will be a settlement discussion. The debtor has the chance to settle with the person they owe. If there’s no agreement or settlement formed, the judge will make his/her decision as regards to the case. Be mindful that the Judge’s decision is FINAL. It imposes immediate execution and it’s non-appealable.
NOTE:
Word of mouth and witnesses aren’t enough proof if you want a small claim case, you need documentation because this will back up the case that you are about to file in order for the case to be effective.
If there’s someone who owes you and they’re not paying, don’t worry since Small Claim Court can assist you. Visit the nearest trial court in your location now to inquire.