Supreme Court Chief Justice Reynato Puno has issued the Rule of Procedure for Small Claims Cases which allows any individual or business to file a case against someone who owes them money.
So now, that friend or that customer of yours who owes you money can now be sued.
Filing a case is easy, and a lawyer is not required. One must be able to file against the debtor under the Rule of Procedure for Small Claims Cases, and the money claim should not exceed P200,000, which should already include interests and penalty fees, if any.
The plaintiff will have to go to regular court if the money owed is more than P200,000.
Here are the basic steps in filing for a small claims case in the Philippines.
- To file your case, go to either the first level court of the city where you live or the first level court of the city where your debtor (defendant) lives. First level courts can be either the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, and Municipal Circuit Trial Courts.
- Go to the Office of the Clerk of Court and fill up the following forms—Information for Plaintiff, Statement of Claim, and Certification for Non-Forum Shopping.
- The plaintiff must accomplish a Verified Statement of Claim which certifies that all information given is correct and that one has not filed the same case in any other court.
- The plaintiff must also need to provide other important documents that will show sufficient proof that the loan occurred, which can be:
- Signed contracts by the defendants
- Promissory notes, receipts, bank deposit slips, checks, and other “paper trails”
- Latest demand letter with proof of delivery and proof of receipt
- Affidavits of witnesses
- The plaintiff has to pay a small amount, usually around P1,250.
Once the documents are submitted and all administrative fees are paid, the court will then assign the case to a judge. If merit is found to the case, the defendants will be given a Summon, Notice of Hearing, Information for the Defendant, Response Form, and other documents.
The plaintiff will be sent a Notice of Hearing which will state the scheduled date and time of appearance in court.
During the Settlement Discussion, the two parties, with the judge’s mediation, will have the chance to settle the case. The case will move to court if no agreement happens.
The judge will make their decision on the case during the hearing. The decision will be final, non-appealable, and immediately executory.
Claims that fall within the jurisdiction of small claims courts range from P100,000 to P200,000.
Source : NationpresspH
