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what case need to file

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1 what case need to file on Tue Jun 09, 2015 5:07 pm

ofwgurl2010


Arresto Menor
ano po puede ifile sa nanghiram ng pera at camera sa
akin? actually x bf ko po uon ang usapan hiram ng pera
up to now hindi nagbabayad gusto ko na po makuha
uon pera..

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2 Re: what case need to file on Tue Jun 09, 2015 5:10 pm

raheemerick


Reclusion Perpetua
mag kano? may wriiten agreement ba na patunay na hiniram ang pera?

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3 Re: what case need to file on Tue Jun 09, 2015 5:17 pm

ofwgurl2010


Arresto Menor
wala written aggreement..pero maliwanag naman uon usapan
na hiram uon pera worth 40t po..hindi naman napag usapan na bigay magkaiba naman uon bigay at hiram

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4 Re: what case need to file on Tue Jun 09, 2015 5:23 pm

raheemerick


Reclusion Perpetua
may mga utang cases kasi tayo.. anjan yung estafa, collecting sum of money etc,,etc..

pero mahirap maka pag pakulong ng tao ng dahil sa utang. lalo na at hndi naman nya ito tinataguan o ipinag kakaila.

but first im not a lawyer ha..

pero eto ang sugestion q.

una.,.subukan muna ayusin sa brgy. sa pamamagitan ng mga lupon ay maaring mapag kasunduan ang bagay na yan..

kung wlang solution na magaganap?

try mo mag sampa ng "small claim"

hindi ito kaso o krimen kya hndi mo kailanagan ng abogado sa bagay na ito.

itoy paraan lng ng korte upang padaliin ang ilang bagay gaya ng paraan ng pag babayad.

mag papatawag ng ilang hearing ang korte sa pagitan ng complainant at respondent. matapos siguro ang 3 hearing?

mag uutos ang korte sa respondent ng terms na pag babayad sa sanadaling ito ay mapatunyan na may utang nga sa complainant o sa iyo halimbawa.

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5 Re: what case need to file on Tue Jun 09, 2015 5:33 pm

raheemerick


Reclusion Perpetua
to be able to file a case against your debtor under the Rule of Procedure for Small Claims Cases, the money claim should not exceed P100,000, which should already include interests and penalty fees (if there’s any). If the money being claimed is more than that amount, then the plaintiff would have to go to regular court.

Here are the basic steps in filing for a Small Claims Case in the Philippines:

1.Go to either one of these places to file your case:
1.First level court of the city where you live
2.First level court of the city where your debtor (defendant) lives

2.First level courts are defined as any of the following:
1.Metropolitan Trial Court
2.Municipal Trial Courts in Cities
3.Municipal Trial Court
4.Municipal Circuit Trial Courts

3.Go to the Office of the Clerk of Court and fill up the following forms:
1.Information for Plaintiff
2.Statement of Claim
3.Certification of Non-Forum Shopping

4.As plaintiff, you would also need to accomplish a Verified Statement of Claim which certifies that all information you gave is correct and you have not filed the same case in any other court.


5.You would also need to provide other important documents that will show sufficient proof that the loan occurred, this can be ANY of the following:
1.Signed contracts by the defendants
2.Promissory notes, receipts, bank deposit slips, checks and other “paper trails”
3.Latest demand letter with proof of delivery and proof of receipt
4.Affidavits of witnesses

6.After this, the plaintiff will then have to pay a small amount to file the case. According to a lawyer friend, this is usually around P1,250.00.


What happens next?

Now that all the documents are submitted, and all administrative fees are paid, the court will then assign the case to a judge (through a raffle) and if it’s found that there is merit to the case, the defendants will be given a Summon, Notice of Hearing, Information for the Defendant, Response Form and other documents.

Then, the plaintiff will be informed and will be sent a Notice of Hearing which will state the scheduled date and time of appearance in court.

During the Settlement Discussion, the two parties, with the mediation of the judge, will have the chance to settle the case. If no agreement happens, the case will now move to a court hearing which should occur on the same day.

Lastly, at the hearing, the judge will now make his or her decision regarding the case.

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6 Re: what case need to file on Tue Jun 09, 2015 8:14 pm

LandOwner12


Reclusion Perpetua
ofwgurl2010 wrote:wala written aggreement..pero maliwanag naman uon usapan
na hiram uon pera worth 40t po..hindi naman napag usapan na bigay magkaiba naman uon bigay at hiram

well,
maliwanag rin cguro ang usapan nyo nong naging kayo di ba?

its between 2 persons claims, and if he is claiming na bigay yan, well, ano ang proof mo na utang, to disproove him na hindi bigay...?

well,tama c idol,
but then again, kahit makarating ka sa branggay or sa small claim court, dapat meron kang strong evid to prove ur case...
need mo convince c judge..
May the odds be ever on your favor.


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7 Re: what case need to file on Wed Jun 10, 2015 8:22 am

raheemerick


Reclusion Perpetua
kung wlang written agreement. atleast affidavit of witnesses saka kung may conversation kau regarding with this or? try to gather. it can help pa din naman.

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8 Re: what case need to file Today at 11:45 pm

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