unpaid debts

i'm new here and i really wanted to seek some legal advise.
I have a friend who asked me to invest my money for a loan business amounting to 109k. He said that some HR personnel will be in-charge in deducting the semi-monthly payment from the employees for a period of 2 mos only. It happened last October 2010 and we both agreed that he will return all my money with an interest to not later than dec 15, 2010. Until now, I didn't receive any payment from him.
Aside from the 109k I invested in his office, he also borrowed money from me amounting to 105k last year.
Those transactions were all verbal and no written agreement. i already lost contact with him as he changed his mobile num but i know where he lives. My representative went to his house 3x but he's always not around.
Please help me how to deal on this kind of situation as I'm not holding any proofs that he took money from me.
thanks

In that case, your first task is to get a written admission from him that he received the funds. if you take legal action, that will be the first thing to looked at if he denies ever receiving the money.

Try to send demand letters via registered mail with return card.

thank u atty for your reply....it's my first time to make a demand letter...can you check below letter if it's correct?
thanks again





March 5, 2011
Dear Mr. Jaxxxs:
On October 8, 19,25 and December 2, 2010, I lend you a total of 152,000 pesos with the agreement that you will return the full amount with an interest to not later than December 15, 2010. Aside from the 152,000 pesos, a sum of 62,000 pesos were also given to you as a loan in 2010 (dates I can’t remember) while I’m out of the country thru money transfer and thru my sister, Txxxxxxx to help you settle all your obligations with your computer business. As one of my trusted friend, I felt obligated to help you and at the time I felt certain that you would pay me back.
On December 15, 2010, I did not receive any payment from you for the 152,000 pesos. However since then I have received no money from you for over two months. The few times I have spoken to your friend, Dxxxxxxxen and told me you would be sending payments but still waiting for your loan to be approved. Since January 2011 you have stopped answering my e-mails and even changed your mobile number. I can only assume that you have no intention in paying me the money you owe.

Please send me a payment in full without the interest by March 15, 2011. I regret that this loan has damaged our friendship but I am not in a financial position to just let it go.


Sincerely,

atty, one more question....is it ok if one of the family members will receive the demand letter instead of him? i wanted to come personally to his house.
need your reply pls bec im planning to come tom.
thanks po

that letter is fine, but what is this money transfer? was it directly to him or it was your sister who gave it to him?

better to go there yourself, but don't go badmouthing him to his relatives. and make sure the envelope is sealed.

better if he receives it, but if not, a responsible relative will do.

thanks atty for your reply...i really appreciate your advises
the sum of 62k were given to him in 3 gives....27k thru western union, 25k and 10k were given to him by my sister since I have savings kept by her.
after delivering the demand letter, shall I go to brgy first of can I sue him directly? is my case weak? this is the first time I will go to brgy or to a court that's why I'm feeling nervous.

after demand letter, give it at least a week before proceeding to the bgy. i'm afraid your case is a bit weak due to the absence of proof of receipt, but it's better now that delivery can be evidenced by someone else. though it's your sister so a bit self serving. but fight it out, good luck. note that bgy can only try to get the parties to enter into settlement so it's still a good step.

thank you so much atty....i will fight for it to the end