HomeIf yes, kindly share the latest jurisprudence on this matter - without demand letter, a collection suit must be dismissed for failure to state cause of action.
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Is prior demand letter mandatory in collection suit?
3 posters
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1 Is prior demand letter mandatory in collection suit? Wed Jan 26, 2011 10:56 pm
merlion357
Arresto Menor
2 Re: Is prior demand letter mandatory in collection suit? Thu Jan 27, 2011 6:29 pm
attyLLL
moderator
jurisprudence can be found on sc.judiciary.gov.ph
without any additional facts, demand is required.
without any additional facts, demand is required.
3 Re: Is prior demand letter mandatory in collection suit? Thu Jan 27, 2011 8:21 pm
merlion357
Arresto Menor
Thanks AttyLLL.
I know the SC website but I need the actual G.R. No. because the judge required us to cite actual jurisprudence (latest) that a collection suit is dismissible if no demand letter was sent prior to filing the action.
Where can I search for jurisprudence based on subject matter or topic online? I tried google but nothing has come up.
I know the SC website but I need the actual G.R. No. because the judge required us to cite actual jurisprudence (latest) that a collection suit is dismissible if no demand letter was sent prior to filing the action.
Where can I search for jurisprudence based on subject matter or topic online? I tried google but nothing has come up.
4 Re: Is prior demand letter mandatory in collection suit? Thu Jan 27, 2011 9:05 pm
attyLLL
moderator
please tell me about your case. it will be easier that way. the principle of demand is not applicable absolutely in all cases.
5 Re: Is prior demand letter mandatory in collection suit? Thu Feb 10, 2011 4:34 pm
ocho
Arresto Menor
greetings merlion357,
in my humble opinion, i believe that a demand letter is required in a collection for the purpose of establishing the period when delay sets in. without the demand letter, technically your cause of action to collect has not yet accrued.
if memory serves correctly, demand letter is required only in cases falling BP22, unlawful detainer, and some acts of estafa.
in my humble opinion, i believe that a demand letter is required in a collection for the purpose of establishing the period when delay sets in. without the demand letter, technically your cause of action to collect has not yet accrued.
if memory serves correctly, demand letter is required only in cases falling BP22, unlawful detainer, and some acts of estafa.
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