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Company doesn't pay

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1 Company doesn't pay on Thu Jan 10, 2013 12:21 pm

lwatiwat


Arresto Menor
Good day!

I just wish to ask for your advise on what is the best thing to do if a Company for which a service was rendered is ignoring the payment for the service. The billing was more than 120days and when I follow-up for the check they would use different alibis.

I understand I have to issue a demand letter first before filing a case..
a) How many consecutive demand letters?
b) How much would it cost to recover? my SA is 95k only.
c) If the case is pursued would they pay for my legal expenses?

I am not privy of the company's financial condition bu if I would base in in my observation of its transactions and personnel I guess they are doing good.

Hope you could help me on this.

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2 Re: Company doesn't pay on Thu Jan 10, 2013 10:19 pm

tsi ming choi


Reclusion Perpetua
lwatiwat wrote:
I understand I have to issue a demand letter first before filing a case..
a) How many consecutive demand letters?
b) How much would it cost to recover? my SA is 95k only.
c) If the case is pursued would they pay for my legal expenses?


A. Only one demand letter will suffice.

B. Consider this:
1. payment of docket fee -
The total amount that you will recover is the basis of payment of docket fee.

2. Attorneys fee - depending on the standing of the lawyer.

3. Lawyer's per appearance fee.

C. IF YOU WON, then you can ask for litigation cost to reimbursed you of your litigation expenses(atty's fee, appearance fee, damages, etc. etc.)

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3 Re: Company doesn't pay on Thu Jan 10, 2013 10:59 pm

lwatiwat


Arresto Menor
Atty., Thank you very much for your reponse..
Is there any possibility that I will lose the case given the fact that the service was consumated and there was no question or complaints about the outcome.

Considering the amount 95,000.00, can the case be resolved in small court?

regards

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4 Re: Company doesn't pay on Fri Jan 11, 2013 8:31 am

tsi ming choi


Reclusion Perpetua
lwatiwat wrote:
Is there any possibility that I will lose the case given the fact that the service was consumated and there was no question or complaints about the outcome.

Are you engaged in a contractual or project employement?

Based on the facts presented, you will not lose, you are the aggrieved party, and it is clear that you have a claim in sum of money based on a service contract.

lwatiwat wrote:
Considering the amount 95,000.00, can the case be resolved in small court?

Not on a small court. But a civil action on small claim cases because it is below 100 Thousand and likewise it can be done through filling up of forms before MTC courts. You may go to any MTC and ask for the ready-made forms.

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5 Re: Company doesn't pay Today at 1:52 am

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