Before I go on with my issue, I just want to commend you for devoting time to provide advice to mundane citizens who do not have the luxury to get instant consultation from hired private legal counsels.
Your cause is a very noble one. I hope more power to you all and pray that this site will receive a lot of support not just from ordinary people like me, but also from the government (if possible). . .
Now, let me move on with my concern. I am a newbie small-scale entrepreneur. One of my latest gigs was dealing bottles of 250 ml Victoria's Secret perfumes, which were supplied by my cousin from Dubai. I deal these perfumes to my officemates. I don't collect one-time payments but actually loan these perfumes in an understanding that the total amount will be paid in two pay-days.
Now, I have this one co-worker whom I doled out perfumes amounting to Php4,000. This person was not able to pay the total due amount when the two pay-day period had elapsed due to numerous excuses (e.g. that she used the money that she would have paid me to buy ulcer medication, etc.). I understand that times are hard, so I gave her another chance to pay her debt on the next pay day. But when the agreed day arrived, she already resigned from work. I know that she was able to get her last pay plus overtime incentives and that she got a total pay of about 20,000 upon leaving work. The problem is that she only paid about PHP1,000 on that day. She promised to settle the remaining Php 3,000 balance on the next day since she said that she do not have extra cash with her. As always, she did not fulfill her promise. I have tried calling and texting her reminding her of her obligation, but she is not responding.
Now, I know that I cannot file a criminal case against her since the items I dealt to her were considered sold when I handed them and that this will just be a case of unpaid debt. I also know that 3,000 is not a big amount. But money is still money. My mom is going thru chemotherapy and I every penny to me is very important.
I went to their house to collect her debt, but she is not their. I spoke with her father and was told that defaulting on loans and incurring debts has been a habit of his daughter. The father said that he won't mind if a case will be filed against her daughter. . .
My question is what specific case can be filed against her? Will it be a small claims case? If not, please enlighten me. . .