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Small claim court issue

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1 Small claim court issue on Wed Aug 11, 2010 12:21 pm

norman_aquarius


Arresto Menor
Hi, im new here. I'm glad there's a free legal site like these who can enlighten us who are in need of justice and fair trial.
I just want to ask if I can include the processing fee i will pay to the defendant upon filing of small claim court form? I have to pay 2715 pesos upon processing, should I include this to my claim? Can i also ask the defendant before the Jude the defendant to pay in full amount of his debt? Since the money he took will also be use for the payment of overdues. tnx so much Neutral

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2 Re: Small claim court issue on Wed Aug 11, 2010 7:26 pm

attyLLL


moderator
yes, you can ask for costs. as for paying in full, the judge will determine if the entire debt has become due.


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3 Re: Small claim court issue on Thu Aug 12, 2010 10:36 am

norman_aquarius


Arresto Menor
attyLLL

Now I know and will ask for cost, I thought only few people knows about the small claim court since it was just launch last year. At least this civil case doesn't have to take for long waiting. I hope I may be able to get back the money he took from me. Tnx for your reply Very Happy

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4 Re: Small claim court issue on Fri Aug 13, 2010 3:45 am

attyLLL


moderator
i've been promoting small claims because it gets rid of us pesky lawyers. it's hard to be the plaintiff, good luck!


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5 Re: Small claim court issue on Fri Aug 13, 2010 10:33 am

norman_aquarius


Arresto Menor
I hope it's not disadvantage on your part, since it's a non lawyer civil case. And you're not a pesky, you're just doing your job, in fact you're helping us to understand legal matters too Very Happy

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6 Re: Small claim court issue on Fri Aug 13, 2010 8:18 pm

attyLLL


moderator
i'm a big believer in small claims. too much injustice going on and the impediment of acting on it is the cost of legal representation.


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7 Re: Small claim court issue on Mon Aug 16, 2010 11:41 am

norman_aquarius


Arresto Menor
Hi AttyLLL,

Pano ko ba explain sa judge na kaya nagkautang saken yung defendant, ganito po kasi scenario, nag issue ng cheques yung client ko pero sa Bank account ng defendant ko pina issue pangsamantala, yung cheques na yon ay pangbayad ko sa printing company na pinagtratrabahuhan ko worth 40k at 19k, tapos nangutang pa sya saken ng konti kya umabot sa 75k ang utang nya saken lahat lahat, nung enincash ng defendant yung cheques ng client ko hindi binigay saken at ginamit ng walang paalam. then nag issue sya (defendant) ng cheques-pay to cash sa akin para makuha ko na daw ang kinuha nyang pera, pero pinapahold niya palagi kasi wala daw pondo hanggang sa wala na talaga syang balak magbayad at napilitan nkong e-deposit yung mga cheques na inissue nya at magbakasakaling may pondo after 5moths pero walang fund at nag bounce ang cheques nya. Bukas (tuesday Aug 16, 2010) ko ipapasa yung Small Claim court form. San sa form ko isasama yung processing fee? kasi nasa 75,000 yung utang nya pero di ko pa sinama dun yung court fee na 2,715 pesos. Gusto ko din sana isama yung 2 days absent ko dahil sa pagpunta ko sa Cityhall umaabsent pako for this. Should I make my statement simple by just stressing na may utang sya at nagbounce mga cheques nya? Tnx again Atty. Surprised

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8 Re: Small claim court issue on Mon Aug 16, 2010 3:50 pm

attyLLL


moderator
here is the form: http://sc.judiciary.gov.ph/statement_of_claims_scc.pdf

keep it short, on blank 2a, just say loan, bounced check, damages and costs.

the real explaining will be during the hearing.


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9 Re: Small claim court issue on Mon Aug 16, 2010 6:20 pm

norman_aquarius


Arresto Menor
Ok, I see. tnx again attyLLL. Hope all these will turn out well, Im really not used to this kind of legal matters. Tnx also for the links, I'll print a copy Smile

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10 Re: Small claim court issue on Wed Aug 18, 2010 5:03 am

kaitaro23


Arresto Menor
sir, what if umabot na ng P120,000 and debt? saan ko na po dapat ifile or ano na po kaso nito? kelangan ko na po ba tlga kumuha ng lawyer para dito? nahihirapan po tlga ako mangolekta sa taong umiiwas magbayad po.

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11 Re: Small claim court issue on Wed Aug 18, 2010 5:13 pm

attyLLL


moderator
if you want to file a small claim, the max is 100k, you will have to forego to 20k.

if a normal suit for collection, i would advice retaining a lawyer.


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12 Re: Small claim court issue on Mon Aug 23, 2010 6:43 pm

norman_aquarius


Arresto Menor
AtyLLL,

Kailangan ba talaga ng Demand letter para manalo sa kaso ng small claims? sabi din nung mga employee sa cityhall dapat daw registered mail pinadala ko sa defendant at hindi LBC. Kailangan ba masunod ang mga naka sulat sa list? pano kung di na tanggapin ng defendant yung sulat ko na registered? Sad

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13 Re: Small claim court issue on Tue Aug 24, 2010 1:14 am

attyLLL


moderator
you will have to show that you made a prior demand or that your written agreement clearly expresses that demand is not necessary, or there are circumstances that show that demand is not necessary.

better to just comply. write a courteous letter demanding payment within 5 days from receipt. send by registered mail with a return card so you have proof of delivery.

the problem with LBC is that you have no admissible proof it was received by the addressee. good luck.


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14 Re: Small claim court issue on Tue Sep 21, 2010 10:21 am

ajlun


Arresto Menor
Good day magtatanung lang po ako.

nagpautang ako at me contract kame. I filed a small sum of money civil claims case. nagpadala na notices received lahat binalewala, at tapos na hearing no show ang defendant hanggang nag resolution at me writ of execution na. tinataguan ngaun ang sheriff sa place of residence. lage daw wala sya dun. ano mga pwede gawin? nakausap ko na ang clerks at sheriff pwede daw iescalate to criminal case

ano gagawin to escalate it to criminal case? me iba pa ba akong option to collect? what forms do i file?

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15 Re: Small claim court issue on Tue Sep 21, 2010 1:43 pm

attyLLL


moderator
you will have to research if the defendant has properties registered to his name. did the sheriff already write to the banks?

i believe that the possible crim case is fraudulent transfer to evade creditors, but the problem is you have to prove the transfer of these properties.

keep searching for properties of the defendant.


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16 Re: Small claim court issue on Wed Oct 13, 2010 10:42 am

ajlun


Arresto Menor
panu po kung wala syang properties. sinabihan nako ng sheriff na tinataguan sya. at nagtratrabaho na ayaw sabihin sa sheriff saan. May sheriffs report na.

ang alam ko lang ay ang place of work, wala syang attached properties. anung criminal case pwede ifile sa kanya? pwede ba pasok to sa categorya ng criminal estafa? kung hindi anu?

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17 Re: Small claim court issue on Wed Oct 13, 2010 2:57 pm

attyLLL


moderator
if there are no properties, then there is nothing to levy upon. let the sheriff know where the person works. perhaps he can garnish her wages.

no, this is not criminal estafa.


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18 Re: Small claim court issue Today at 3:00 pm

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