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What Steps Shall I Do To Compel A Colleague To Pay The P32,000 Which He Owed Me

You have the right to pursue legal action against your colleague who owes you P32,000. To collect the debt, you can first send a demand letter or seek assistance from your barangay's conciliation body. If those efforts fail, you can file a small claims case since the amount is less than P100,000. For a small claims case, you need to file a Statement of Claim and other documents with the small claims court where you or the debtor resides. The court will then conduct a judicial dispute resolution and hearing to decide the case.

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0% found this document useful (0 votes)
138 views1 page

What Steps Shall I Do To Compel A Colleague To Pay The P32,000 Which He Owed Me

You have the right to pursue legal action against your colleague who owes you P32,000. To collect the debt, you can first send a demand letter or seek assistance from your barangay's conciliation body. If those efforts fail, you can file a small claims case since the amount is less than P100,000. For a small claims case, you need to file a Statement of Claim and other documents with the small claims court where you or the debtor resides. The court will then conduct a judicial dispute resolution and hearing to decide the case.

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jonquintano
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Dear PAO,

What steps shall I do to compel a colleague to pay the P32,000 which he owed me?
MM

Dear MM,
Your colleague has the obligation to pay the P32,000 that he borrowed on the due
date and place that you have agreed upon. His failure to comply with this
obligation shall give you the right to pursue legal action to compel him to pay the
money that he owed you.

To be able to collect from your colleague, you may initially send him a demand
letter for collection of sum of money. If you are residing in the same barangay,
you may also seek the assistance of your barangay�s Lupon ng Tagapamayapa for a
possible out of court conciliation. If despite the foregoing, your colleague still
unjustly refuses to comply with his obligation to pay, you may file a complaint for
collection of sum of money before the court.

However, since your claim for payment of money is less than P100,000, your action
should be instituted in accordance with the Rules of Procedure for Small Claims
Cases. You may commence a small claims action against your colleague by filing
before the small claims court of the place where you or your debtor resides an
accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied
by a Certification of Non-forum Shopping (Form 1-A, SCC), and two duly certified
photocopies of the actionable document/s subject of the claim, as well as the
affidavits of witnesses and other evidence to support the claim (Section 5, Ibid.).
Upon filing of the complaint, you shall be required to pay the docket and other
legal fees prescribed under Rule 141 of the Revised Rules of Court, unless you are
allowed to litigate as an indigent (Section 8, Ibid.).

If the court finds no ground for the dismissal of your claim, it will issue Summons
(Form 2-SCC) on the day of receipt of the Statement of Claim, directing the
defendant to submit a verified response to your claim, issue a notice (Form 4-SCC)
to both parties, directing them to appear before it on a specific date and time for
hearing, with a warning that no unjustified postponement shall be allowed, as
provided in Section 19 of this Rule (Section 10, Ibid.).

The small claims court shall first conduct a judicial dispute resolution (JDR) on
your claim (Section 20, Ibid.). If the JDR fails, hearing of the case shall be
presided over by the judge who conducted the JDR, the hearing shall so proceed in
an informal and expeditious manner and terminated within one day (Section 22,
Ibid.).

We hope that we were able to answer your queries. Please be reminded that this
advice is based solely on the facts that you have narrated and our appreciation of
the same. Our opinion may vary when other facts are changed or elaborated.

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