A teacher borrowed me money and haven't paid since 2005

A teacher who lends money borrowed money from me in 2003 with total amount of P120k at 4% monthly interests. We have signed a notarized MOA on this and she signed a document receiving the managers check amounting to P120k. When i noticed that she started failing to pay me monthly interests early in 2004, I demanded her to give me back the principal amount. She returned the P70K in installment last 2004 but she never paid the remaining P50K since then. It seems she's not interested to settle it anymore because she's always furious everytime I ask her to pay me her debt. I badly needed money now for the hospitalization of my both parents.

A friend told me to settle the case through the MTCC or I can go to deped to file a complaint. a friend also said to settle matter in the barangay level first. My teacher friend treated me badly as if I am the one who borrowed money from her. I want to collect my money if possible including the interest soonest. what should I do? which best option should I go to coerce her to pay? please help.

atty, up ko lang po query ko, advise badly needed po. God bless.

atty, awaiting for your reply... up ko lang po.

by the way, the notarized loan agreement was signed by the borrower and her husband... from the readings I have in other posts, I read similar to case, my question is should I send demand letter first before I file a complaint in the barangay then small claims? or filing a complaint to DepEd will be better? thanks...

you should send a demand letter first, bgy, then small claim case.

atty, thanks for the reply. you said demand letter first, but what i did dumiretso na ako file complaint sa barangay. anyway, based dun sa loan agreement namin kapag pumalya sya ng bayad ng interest for three months, demandable na ang full amount ng utang nya. do you think ok lang ginawa ko? we are set for a meeting at the barangay on September 26, 2011.

serve the demand letter at the bgy hearing.

Thanks for the advises atty. However, the respondent did not appear on the two scheduled hearings (Sept. 26 and October 03)at the barangay, wasting my effort and time in the process, considering that I have to take a leave of absence with my job everytime. She didn't even bother to send notice why she can't come. The barangay send her another notice of hearing which I think she will ignore again. She's so annoying, it just simply shows her complete disregard on the matter.

I really want to get even with this abusive teacher. What should be my course of action on this matter? Can I go to DepEd and PRC and file another complaint?

up ko lang atty... please refer to my additional query below. salamat.

up ko lang po. for the first time yesterday, after 2 failed hearings, the respondent appeared at the barangay and we were heared by the Brgy. Chairman. The respondent said she already paid me through my sis-in-law and mother-in-law, a clear alibi because the people she mentioned did not say anything about the payment and has no evidence of any payment she made (i.e. receipts etc). but the respondent insisted that she paid all the debt she owed me despite of the absence of evidence. that's why a hearing through the lupong tagapamayapa was set and she feels confident of meeting me even in court. she knows that im not in good terms with my sis-in-law and mother-in-law. can she use them as evidence so she will evade payment of her debt? Im asking P188,000.00 settlement including interest. please reply attorney. salamat.

up ko lang po...

it seems my complaint will go to the court/scc. the respondent claimed she did pay me thru my mother-in-law and/or sis-in-law although she did not even presented any evidence at the barangay. how many times the lupon and the brgy chairman told her to present my in-laws and she did not brought them even once to shed light on any payments she made. i know she's only making alibis so she will not pay. she's hoping that i will not bring the matter to the court because of the expenses and hoping also i wont have time for it. but i have no other recourse but to bring the case to the court.

now i have a question Atty, can she still present my in-laws in the court even if she failed to present them at the barangay? if ever she did made payments thru my inlaws what should i do? i did not give authorizations to my inlaws about the payment and they never told me of any payments made whatsoever. thank you in advance atty. please help.

so did you serve your demand letter? didn't you even talk to your in-laws?