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Collection of Sum of Money.

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1 Collection of Sum of Money. on Fri Jan 14, 2011 9:04 am

annotatedbook


Arresto Menor
hello, i am a first year law student in dire need of assistance. in our legal writing class, we are required to make a complaint and win that case without having to go through any trial. Basically, it's a matter of persuading the judge through the pleadings and attached evidences.

It is a project in pairs. I will make a complaint while a partner will answer it and vice versa. Her case will be an ejectment case against me which i will have to answer. But my partner will have to make my documentary evidences for me which in this case is a Promissory Note and a Demand Letter.

Now, i've been trying to research cases of collection of sum of money for some time now and still can't quite grasp the concept. I know that a rule of procedure for small claims cases was provided by the SC in an en banc decision but how about those amounting to more than one hundred thousand? Is there a prescriptive period in filing a case for such a claim? Is it practical to demand payment of a debt amounting to P900,000 after just a month of delay?

Can someone please make an overview of how these cases work?

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2 Re: Collection of Sum of Money. on Fri Jan 14, 2011 11:19 pm

attyLLL


moderator
homework??

I thought this is ejectment? the only issue is possession of the property.

once there is delay in performing an obligation and demand to perform, then you can already sue because you have a cause of action


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3 Re: Collection of Sum of Money. on Sat Jan 15, 2011 1:36 pm

annotatedbook


Arresto Menor
yes sir, homework. iba na po yung ejectment case. the homework focuses on two cases, a case of collection of sum of money amounting to 900,000 loan and another separate case for ejectment. i am more concerned with the collection of sum of money.

so anytime as long as long as there is a cause of action but how about the interests? does the accumulation of interest continue even after the filing of an action? kailangan pa po ba ng order from court para matigil na yung pag-accumulate ng interest?

thank you sir.





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4 Re: Collection of Sum of Money. on Sat Jan 15, 2011 2:04 pm

attyLLL


moderator
if there is no written document stating interest, it is only claimable after written demand is made and will continue until payment is made. if there is a prior agreement and the rate is legal, then the court cannot stop it from running.


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5 Collection of sum of money case (need advice) on Mon Aug 22, 2011 3:11 pm

asshleey


Arresto Menor
hello,
I would like to consult for a free advice regarding collection of sum of money that was filed against me.

I owe 50,000 pesos to somebody. We had an agreement with the barangay that I will be paying 2,500 monthly. I was paying the said amount for two months already. Unfortunately, one month has been skipped due to the reason that the job I currently have is not yet a regular job and the salary is not even enough to pay for my food allowance and other bills. I have informed the complainant that since my salary is delayed the payment will be a bit delayed also I will be paying as soon as I have enough month already. I have also informed the person that if i wont be able to give the payment, the amount will be doubled on the next month, since it was agreed and also mentioned in the agreement the if I skipped i have to pay the given amount in order to cover the skipped month/s.

A week ago I have received a letter from the court stating that the complainant has filed a case against me and insist that I pay the whole amount. And have mentioned that I have not neglected the agreement.

Can someone give me an advice on what to say and do at the hearing since it will be on September 5, already? And if there is any other way I can convince that judge that I have not neglected the debt. And can only pay on installment basis instead of the full amount that is again being collected by the complainant.

Thank you and best regards.

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6 Re: Collection of Sum of Money. on Mon Aug 22, 2011 7:05 pm

attyLLL


moderator
what properties do you have that they can get to satisfy the debt?


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7 Re: Collection of Sum of Money. on Tue Aug 23, 2011 11:54 am

asshleey


Arresto Menor
i don't have any property as i am still living with my parents and there are no property in my name.

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8 Re: Collection of Sum of Money. on Tue Aug 23, 2011 9:39 pm

mars24_bong


Arresto Menor
Hello! I would like to consult for your legal advice.
I have extended loans to different persons with amounts ranging from 4thousand pesos to 10thousand pesos.
I fear that these loans might however go bad since the persons whom i have extended them are shunning payment.
What measures can I do in the form of legal documents, or any measures, can I do in order to protect my interest?
Thank you and Godspeed!

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9 Re: Collection of Sum of Money. on Wed Aug 24, 2011 6:26 am

cram69


Arresto Menor
good day , may pinagdadaan po akong problema ngaun, ngloan po ako last year, ng due date napo nung MAY 2010, ang alam ko na fully paid ko na kc ngbabayad nam ako every cut off ..last payment ko po ng May 2010
ngaun ang pakakaalm ko tapos ko na kc wala na ng twag or letter notifacation about sa utang ko

Ngaun after 1 year and 3 months, bigla akong sinisingi sa remaining balance ko at my interest na ang lake lake kasi 1 year mahigit na dw.

Noon after ng due date ko d ako ninotify or tinawagan na my balance pala ako tas ngaun lang nila sinabi na my balance pala ako after ng long time na un

Gusto nila bayaran ko un ng within 1 month
e wala nman ako ganun na pera sabi nila kalahati ngaun ngbigay sila ng date e d ako nakabyad nung august 15 , ngaun inescalate nila sa brgy nmin , tas nakatangap ako ng summon , my meeting kai sa brgy sa friday august 26,

Patulong namn po anu po ba ang mgnda kong gawin d2 salamat po...

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10 Re: Collection of Sum of Money. on Tue Aug 30, 2011 12:10 am

attyLLL


moderator
ashleey, then there's nothing they can take from you, but you cannot prevent them from filing a collection case.

mars, you don't have written loan agreements?

cram, is this loan to a bank or company?


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11 Re: Collection of Sum of Money. on Sat Sep 03, 2011 3:18 pm

jerry158


Arresto Menor
atty tanong ko lang po may umutang po sakin 200k with interest,nung una ok naman po sya magbayad pero ngayon 4 months na po sya d nakakabayad.Meron po kami loan aggrement kaso di notaryo.ano po kaya ang pwede ko gawin?pwede po ba ko magfile ng case?

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12 Re: Collection of Sum of Money. on Sun Sep 04, 2011 11:31 am

asshleey


Arresto Menor
sir attyLLL, hindi po bank or company yung loan, sa tao lang po.

Meron akong pinirmahan sa kanila na magbabayad ako ng 10% monthly sa kanila, pangalan nila at pangalan ko and yung amount, other than that wala na. hindi naka notaryo kundi ginawa lang nila.

normally ganu po katagal yung mga hearing ng ganitong case? may case ba na yung judge aagree sa installment payment na kaya ng umutang, hindi naman tatalikuan kundi babawasan lang yung hinihingi nilang payment monthly, kung hindi kaya yung dating agreed amount? kasi sila din ang nag bigay ng amount nun time na nagpunta kami sa brgy, and yun time na yun wala pa akong work...yung brgy din pumabor sa kanya sa amount.

another thing, magkakarecord ba ako nun sa nbi na may criminal case at pwede din bang makulong ang ganun?

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13 Re: Collection of Sum of Money. on Sun Sep 04, 2011 10:37 pm

attyLLL


moderator
jerry, send a demand letter then you can file a case for collection.

asshleey, length of time depends on what case they file. you can enter into an agreement to pay in installments but if the judge will decided, it can only be entire amount.


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14 Re: Collection of Sum of Money. on Sun Sep 04, 2011 11:09 pm

asshleey


Arresto Menor
thanks for everything... atleast i have an idea when i appear in court tomorrow. thanks talaga

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15 Re: Collection of Sum of Money. on Sun Nov 06, 2011 9:13 pm

kawawang_cowboy


Arresto Menor
Good day Atty,

I would like to consult sana about the case filed againts me
here are the facts:

> i met an acquaintance online and eventually we ventured in business. He became my supplier and me as his agent.
> most of our transaction (conversation / discussion / instructions etc) are done online through email and YM.
> sa kalagitnaan ng aming pagkakilala, he introduced to me his managaer daw (which later i learned na mistress pala nya and sa mistress nya naka pangalan yung company and located in cebu)
> I have not signed nor order anything from them. we just agreed that he'd sent some of the items for me to sell (consignment) then remit the money once items had been sold.
> during the time, i've made a couple of sales and remitted the money less my commission through bank.
> unfortunately, nanakwan ako sa shop and sa kasamaan ng palad, pati yung pera na dapat kong ideposit pambayad nanakaw.
> worse is after a month, na victim ako ng ondoy. and all my stocks including what was consigned to me was drowned the drain.
> since nagkasabay sabay yung kalbaryo ko.. di ko sya nabayaran. but i told him na i will pay him once na maka recover ako.

now my problem is:
i got a letter from provincial RTC na plaintiff is asking the sum of money.
when i texted the mistress (since yung mistress yung nag file ng case) she mentioned the principal + 2.75%/,month daw na interest + atty fee + litigation fee.

question:
1. all our transactions made through either email or YM. valid ba evidence yun sa court?
2. I havent signed anything nor they sent me receipts or breakdown ng items na pinadala nila except sa email.
3. I cant afford to pay a lawyer na. and preliminary hearing will is set dec 12, 2011.... can I go there alone?
4. I intend to pay naman, pero hulugan. pde ko ba i-offer kung ano lang yung kaya ko?
5. pano yung sa interest and other charges? dapat ko bang bayaran talaga yun?
6. sa totoo lang, magulo na yung inventory na sinisingil sa akin. ako mismo hindi kao sure kung yun nga yung kulang ko sa kanila. during preliminary hearing can still asked them na wala naman ako na sign sa kanila and ask for a details ng sinisingil sa akin?
7. Do i really need to go to the RTC in Cebu? gagastos ako uli for plane ticket?? Sad

hope to hear from you soon. Badly needed. Time pressured lang kasi I have to book a flight pa to Cebu.

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16 Re: Collection of Sum of Money. on Tue Nov 08, 2011 12:21 am

attyLLL


moderator
is this small claims case? how much is the total amount?

aren't you directed to file your answer within 10 or 15 days? that is your first concern.


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17 Re: Collection of Sum of Money. on Tue Nov 08, 2011 6:32 pm

kawawang_cowboy


Arresto Menor
attyLLL wrote:is this small claims case? how much is the total amount?

aren't you directed to file your answer within 10 or 15 days? that is your first concern.

oops sorry i forgot to mention, yes i already filed my answer and latest / recently, i got a notice that the preliminary hearing is on the 12th of dec 2011
on the COMPLAINT, the plaintiff is asking P37,000 as my balance (which i acknowledge). + P5000 (nakalagay sa prayer)

when i texted the plaintiff the other day to make arrangement sana sa payment, she texted me na amountis P89,000 plus na daw kasi may interest + 25% attorney's fee + P5,000 litigation fee..

my concern is

1. pwede ko ba request i-wave yung interest and attorney's fee pag binagit ng plaintiff during the hearing? since no agreement naman and di naman nila binangit sa complaint nor sa prayer? (how shall i tell / address these sa judge pag ganun?)

2. how about letigation fee? pwede ko rin ba request na i-wave?

3. dun sa answer ko pala dated June. it mentioned na i would be able to pay within the period os 120 days... (eh due na yun now)
- can i ask for another arrangement? like installment ko nalang in 4 months time with PDCs?

Thanks so much for replying. this thing will mean a lot to mean since i'll be on my own to face them.
just wanna know what's do's and dont's

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18 Re: Collection of Sum of Money. on Tue Nov 08, 2011 9:55 pm

attyLLL


moderator
so it's a small claims case? attorney's fees and interest are not warranted.

you can just confess to owing the 37+5 and wait for the sheriff to execute against you, then you can pay at that time.


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19 Re: Collection of Sum of Money. on Tue Nov 08, 2011 11:58 pm

kawawang_cowboy


Arresto Menor
attyLLL wrote:so it's a small claims case? attorney's fees and interest are not warranted.

you can just confess to owing the 37+5 and wait for the sheriff to execute against you, then you can pay at that time.

can i still ask or request for an arrangement to pay in installment pag ganun?

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20 Re: Collection of Sum of Money. on Sat Nov 12, 2011 10:38 pm

attyLLL


moderator
you can request, but no guarantee they will agree


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21 Re: Collection of Sum of Money. on Sat Dec 10, 2011 2:43 pm

kawawang_cowboy


Arresto Menor
Atty,
another thing..
my preliminary conference was set on Dec 12, 2011 (thats monday)
now ko lang napansin... sa summons
may naka lagay na
"The Revised Rule on Summary Procedure, as amended, prescribed by the Supreme Court ahall be applicable to this case."
does this mean hindi na ito under ng small claim case?
I will just represent myself lang kasi when i appear on monday. baka kasi paikut ikutin ako ng lawyer nila.... Sad

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22 1% per month interest?? on Sun Dec 15, 2013 9:52 pm

mikkalachica


Arresto Menor
good pm. we are located in camarines sur, naga city to be exact. my father ventured into the lending thing, since we have a "distant relative" at the dep ed (department of education). isasanla daw po nila saamin ang kanilang MTMAS passbook, then will pay us in 3 months. so my dad gives them their loaned amount less 3months advance interest, or 10% per month multiplied by 3 months. to cut the long story super short po, ending hindi nagbayad ang mga umutang, we filed small claim cases in court, and much to our dismay, they came and said wala silang ibabayad.. the judge granted a 1% per month or 12% per annum prayer, and my dad was collecting 100,000.00Php the computation they will pay is just 30,000.00Php. that's for a loaned 50,000.00Php and an interest accumulated for almost 15months of non-payment.

can we appeal?.. can we have a re-computation?.. and can we file a stafa case or a deceit case against the borrowers?..

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23 Re: Collection of Sum of Money. on Mon Dec 16, 2013 3:29 pm

mamita1951


Arresto Menor
Hi atty,
Good pm.Sana mapayuhan nyo ako kung saan ako lalapit para makuha ko ung pera na ipinigkatiwala ko sa kaibigan ko..2011 pa un at usapan namin ipautang niya sa mga magsasaka para kikita kami ng 25% every 3 months na maghahati kami..Bale 40k lahat un at me mga resibo ako sa padala ko sa kanya..Bale nakabigay siya sa akin ng 16k last 2011 pero tinakbuhan daw siya ng mga nakautang sa kanya..Usapan namin na bale 1 yr lang sana kasi me ca of the liver ako at ung pera na un pang emergency kung kelangan ko operasyon ulit..Sa awa ko naman sabi ko para makabawi ulit kami maghanap na lang kami ng pwesto sa manila para sari sari sari so nagkita kami sa manila at naghanap ng pwesto..Taga cebu pala ako atty at taga agusan siya..Nakakita naman siya pero noong bumalik ako sa cebu bigla din siyang umuwi ng agusan at di na niya isinoli ung 20k na pauna sana naming puhunan..Year 2012 wala na siyang ibinigay sa akin sa kabila ng pagmamakaawa ko na bayaran niya ako para sa gamot ko..Last june lang pinuntahan ko siya sa agusan kasi wala na siyang isinagot sa akin..At binigyan lang niya ako ng 8k..Nabawasan pa nag un kasi nagbayad pa ako sa barko at bus.Nagpramis siya na pagharvest nila ng palay itong Nov.magbabayad siya sa akin pero kamakailan lang ngtext siya sa akin na 1,500 lang maihulog niya sa akin kasi daw sira ung palay nila..Me hanapbuhay naman ung asawa niya sa pagkakarga ng mga kalakal ng mga magsasaka..At sabi niya makapagbayad siya habang nabubuhay siya pero kanino siya magbabayad kung wala na ko..Me mga nabili naman silang properties atty at un ay dahil sa tulong ko din.Di ko tinanggap ung 1,500 niya atty kasi nga parang di niya siniseryoso ung utang niya..Sobra akong nastress atty sa bagay na ito kasi wala naman akong hanapbuhay..Natatakot ako na hindi ko na makuha ang perang un na pinaghirapan ko.Sana atty mapayuhan nyo naman ang isang sr.citizen na kagaya ko..Maraming salamat po..

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