unpaid cerdit cards

I received a summon last July from court in Manila asking me to respond within 10 days about a civil case against me for non payment of credit card. I also received a notice of hearing on that same day requiring me attend a hearing the following day. Unfortunately I was not able to attend the said hearing due to short notice and Manila is quite far from where I reside. I also consulted a private lawyer to provide me with the said response since I cannot get help from Public lawyer because they told me to get a respond form from clerk of court and have it notarized but the clerk of court told me to just fill up the copy given to me by the court so i am quite confused. besides the private lawyer will charge me three thousand pesos for the response. my question 1. will the judge render judgement for not attending the hearing. 2. do I have to submit the response? I am planning to just partially pay the 3,000 pesos to the bank instead of paying it to the lawyer. 3. if the Honorable Judge will render the judgement can they attach my salary to pay my credit card balance?

hi olyn, how much is the principal amount?

@olyn

1. Will the judge render judgement for not attending the hearing?

Yes, it's possible. The court will allow the Plaintiff to present his evidence without you defending yourself. Thereafter, the court will proceed to rendering a judgment on the basis on the Plaintiff's evidence alone. This is the consequence when you fail to attend the pre-trial.

Also, by not filing your Answer, you can be declared in Default. Said declaration will prevent you from taking part in the trial. However, the same may be set aside if you are able to show that your failure to file an Answer was due to fraud, accident, mistake or excusable neglect (FAME for short).


2. Do I have to submit the response? I am planning to just partially pay the 3,000 pesos to the bank instead of paying it to the lawyer.

If you are planning to pay, you can contact the creditor and enter into a compromise agreement and ask them to have the case dismissed.

3. if the Honorable Judge will render the judgement can they attach my salary to pay my credit card balance?

If you are a rank and file employee, the Labor Code prohibits attachment on your salary.