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Philippine Small Claims Court

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1 Philippine Small Claims Court on Thu Nov 10, 2016 7:50 am

ecantos


Arresto Menor
A former partner of mine owes me a total amount of P97,366.86.

This is an accumulated amount of debt from 5 incidents.

What I only got are the following:
a. An email where he replied back when I am proposing a P4,000 monthly payment schedule which I believe
an acceptance that he really owe me a sum amount of money. Where I also emailed back a proposed P2,500 monthly
starting October 2016 for 36 months
b. A deposit slip where I deposited to his bank account what he borrowed
c. A Credit card statement showing the monthly billing of cellphone he bought using my credit card and will be paid in 24 mos.
d. Proof that I paid what he owe from his former company

I need legal assistance as the amount he owe is material and I am not receiving replies when I do a follow up last month (October 2016) using Email, FB Messenger, Viber and his personal cellphone #.

Thanks.

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2 Re: Philippine Small Claims Court on Thu Nov 10, 2016 12:32 pm

Warlord


Arresto Menor
We have the same situation.. pwede mo siyang i-file as case doon sa bagong law ng pagpapautang. lahat ng pwdeng docs na gamitin pwde ibigay.. ganon kasi ginawa ko,

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3 Re: Philippine Small Claims Court on Wed Nov 16, 2016 9:22 am

ecantos


Arresto Menor
How's your case now? Where did you file? We both residing in Quezon City but according to her mother he no longer go home.
What she only knew is that he is staying at Mandaluyong. What I only knew then he is working in one of the companies at BGC.

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4 Re: Philippine Small Claims Court on Thu Dec 08, 2016 7:06 am

jonra


Arresto Menor
I would avoid small claims for the following reasons:
1. Difficult to get the person served. If the court can't serve him, then you are ordered to do so. If you fail after 30 days, case is dismissed. All the person has to do is hide for a month.
2. You will be required to mediate, so you get less than what is owed.
3. Even if you win, there is no way to force repayment. It's all up to the judge.

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