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Can i file against someone based on verbal agreement?

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ms. potato


Arresto Menor
Hi,

I lend money to someone. we're both tenants in a tiangge shop. Naawa kasi ako, so pinahiram ko with no interest. She promised to pay me back at the end of the week. The day came, no payment. i was able to speak with her on the phone, she was very apologetic saying the person she borrows money from has not released fund for her yet. So I gave her a few more days to settle the debt. but now she hasn't shown up at her shop since the money was due. She doesn't answer my calls too. I didn't have anything written down at the time 'coz I thought that i would get it back immediately. Then I found out that she missed payments from the person she borrows money from na parang 5-6 ata yun and she also borrowed money from another tenant. I am hoping na makonsensya sya but i'm afraid that she might disappear soon.

Can I file a case against her based on our verbal agreement? Could she deny the transaction and the agreement? I might need a lawyer too. Any advice would be appreciated.

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2 Re: lending money on Fri Mar 18, 2011 8:03 am

forestinterlude


Arresto Menor
Omg...apparently there are a multitude of people around waiting and wanting to seduce people into lending them money,afterwhich they would suddenly become invisible.Dapat talaga may kasulatan,but then again,kahit na meron pwedeng ideny di ba?Marami talaga nagkakaamnesia pagdating sa usaping utang...many times been dahil sa awa nabola rin ako.Keep in mind the very lesson learned.Goodluck ms.potato...

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ms. potato


Arresto Menor
forestinterlude wrote:Omg...apparently there are a multitude of people around waiting and wanting to seduce people into lending them money,afterwhich they would suddenly become invisible.Dapat talaga may kasulatan,but then again,kahit na meron pwedeng ideny di ba?Marami talaga nagkakaamnesia pagdating sa usaping utang...many times been dahil sa awa nabola rin ako.Keep in mind the very lesson learned.Goodluck ms.potato...

Thanks Forestinterlude. grabe noh? out of our kindheartedness, tayo pa yun disadvantage. i just hope those people realized that lahat ng bagay may karma. Mad

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attyLLL


moderator
if the amount is not more than 100k, you can consider a small claims case. rules on sc.judiciary.gov.ph.

it will be difficult to prove a verbal contract but you may have other evidence such as witnesses, bank transactions, texts, etc. begin with a demand letter. good luck.


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Maureen


Arresto Menor
hindi ko alam kung alin ang mas dapat..ang may pinanghahawakang kontrata o yung wala..kasi pag may kontrata raw hindi naman considered as estafa kasi hindi ka naman full na nagtiwala dahil may ginawa kayong kasulatan. Pero kung wala raw kontrata yun ang pwedeng estafa pero pano mo naman patutunayan kung wala kang katibayan? At mas mabigat daw kung estafa ang kaso dahil criminal case unlike collection of sum of money na civil case lang. Hindi po ba dapat mas mabigat na kaso yung may kontrata kasi may katibayan?Attorney, kindly enlighten me please.salamat

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attyLLL


moderator
that's not correct. both an oral or written contact are valid. it's just harder to prove an oral contract.


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