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Small Claims

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1 Small Claims on Tue Jul 05, 2016 3:58 am

GRACEBICO


Arresto Menor
My husband and I have a small lending business,the money is not ours,we have a financer that finance us when someone in our neighborhood or friends or relatives want to lend some money.there are 7 persons that ask me and my husband if they can lend some money.we approved thier loan and let them sign for a promissory note.In their group 1 of them is the so called Co maker.they promised us to pay as daily basis.after 19 days of collecting their dues,the co maker said which is 1 in the 7 individuals, that was given her own loan texted us that she cannot pay anymore.promising that she will pay but we have to wait with no definite date.the real problem begins when the other 6 told us that the CO MAKER have a cut in their loan.1 of them even gave the full amount of her loan to this Co Maker.This Co maker used the 6 persons as her dummy to collect a huge amount of money.We filed a case in the Baranggay.but to my dismay,the head of the Lupon dismissed all the 6 individuals that serves as a dummy because He said that there is an ADMISSION of DEBT from the CO MAKER.my Question is,is it true that just because the Co maker admitted that she's the one who uses the money that they lend to us.we cannot sue the other 6 to pay their debts to us?that they will no longer be liable in thier obligations in paying us, even we have a notarized promissory note?the amount of money that I need to collect from them is more or less 150k.and we've been waiting for 1 1/2 months now.supposed to be their contract will end this july 15.we are the one who's paying all the penalties.hope you can help me with my case.please.thank you.

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2 Re: Small Claims on Tue Jul 05, 2016 11:25 pm

attyLLL


moderator
barangay cases are for reaching a settlement; it is not a court. your action can be against the original debtor, the co-maker or both. a small claims case at the MTC may be your best option.


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3 Re: Small Claims on Wed Jul 06, 2016 10:26 pm

GRACEBICO


Arresto Menor
Thank you very much for the information Atty.This enlightened my mind.We are just waiting for the CFA of the 7 persons from the Barangay.There is 1 more thing that I wanted to be clear,the Head of the Lupon in our Baranggay said that the other 6 debtors are cleared to the case because they are continuing to pay the amount that they get,leaving only the amount of the Co maker's cut.He said that even if I ask a CFA for the 7 of them the MTC will do the same because they have this written sworn statement of Admission of Debt.I can't understand.what will be the use of the promissory note?It is notarized and the original debtor signed on it.It is very clear in the first place that all of this 7 debtors have a connivance to get a huge amount of money from us.Is there any legal action that we can do to them other than filing Small Claims?thank you very much..hope you can help us.

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4 Re: Small Claims on Mon Aug 01, 2016 4:20 pm

I have sell a vehicle to a teacher which is I bought at Toyota. before they bought and sign an agreement with me I told them that the vehicle is still insured at People's General Insurance issued by Toyota when I purchase the said vehicle. when we get to sign a sales contract agreement the vehicle insurance already expires. now the teacher (buyer) still have a balance of 30,000 which now they insists to pay cause they told me that the car I sell to them doesn't have any insurance. and for what I know is once the acquired vehicle is sold to another person then the owner has the right to cut all that is connected to the previous owner. 2ndly ang reason is the mother who bought and made an agreement with me is not reading a contract. which under the sales contract agreement i made is loaded. umabot kami sa Barangay and i have just requested a notice to file action since we cannot settle things out. so Sir what is your conclusion here?

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5 Re: Small Claims on Tue Aug 02, 2016 10:45 pm

attyLLL


moderator
IMO, they are still liable to pay the remaining balance if your deed of sale doesn't guarantee insurance


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6 Re: Small Claims on Wed Aug 03, 2016 9:44 am

Okay Atty. Thanks! actually I have been counsulting alot getting opinions and suggestions. by the way, Atty what is your best suggestion on my next step?

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7 Re: Small Claims on Thu Aug 04, 2016 6:40 pm

attyLLL


moderator
a small claims case also at the MTC


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8 Re: Small Claims Today at 1:51 pm

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