Patience is a virtue for making people pay for what they owe. You will need to remind them over and over again about the unpaid debts, but the result is not always what you expect. There can be times when you will get more lame excuses than payments until you decide to put the issue to rest. The good news is, you can still get paid, thanks to the existence of small claims court.
The Steps For Filing For A Small Claims Case
1. Go to either the first level court of the city where you reside or the first level court of the city where your debtor resides.
2. The first level courts are defined as the Municipal Circuit Trial Courts Municipal Trial Court, Metropolitan Trial Court and Municipal Trial Courts in Cities.
3. Go to the Office of the Clerk of Court and fill up the Statement of Claim, Certification of Non-Forum Shopping and Information for Plaintiff.
4. A Verified Statement of Claim must be accomplished as plaintiff and the information must be correct.
5. The important documents must also be provided as proof that the loan occurred. This will include the signed contracts by the defendants, promissory notes, bank deposit slips, receipts and checks, affidavits of witnesses and latest demand letter with proof of delivery or proof of receipt.
6. The plaintiff needs to pay a small amount to file the case, which may usually be around P1250.00
"This Rule applies to all actions that are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment/reimbursement of a sum of money, and (b) the civil aspect of criminal actions, either filed prior to the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure. These claims or demands may be:For money owed under any of the following:>Contract of lease;
>Contract of loan;
>Contract of services;
>Contract of sale; or
>Contract of mortgage;
For damages arising from:
>Fault or negligence;
>Quasi-contract; or
>Contract;
Enforcement of a barangay amicable settlement or an arbitration award involving money claims covered by this Rule pursuant to Sec. 417 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991."
Explanatory Note: The kinds of cases that can be filed in Small Claims Court vary, but the case must seek money only. For example, a suit cannot be brought in Small Claims Court to force a person or business to fix a damaged good; or to demand fulfillment of a promised obligation which is not purely for money, or to seek money to compensate for pain and suffering. Some of the kinds of cases which are allowed as small claims include the following:
>Actual damage caused to vehicles, other personal property, real property or person;
>Payment or reimbursement for property, deposit, or money loaned;
>Payment for services rendered, insurance claim, rent, commissions, or for goods sold and delivered;
>Money claim pursuant to contact, warranty or agreement; and
>Purely civil action for payment of money covered by bounced or stopped check."