ayaw magbayad ng utang

hello po newbie lang po ako dito sana may makapag advice sa akin regarding sa friend ko na nangutang sa akin ng 50,000pesos.wala po kaming written agreement o katibayan na may utang sya sa akin dahil nga po magkaibigan naman kami.almost a year na po mula nung nakuha nya yung pera sa akin pero wala pa po syang naibabalik kahit kusing.may habol po ba ako kahit wala kaming kasulatan na may nakuha syang pera sa akin?maraming salamat po!

Filing of cases involving small amounts has been made simpler and inexpensive with the enactment of The Rules of Procedure for Small Claims Cases (October 1, 2008). It is simpler because the pleadings that will be filed in Court are all available in Forms to be filled up by the party. It is inexpensive because lawyers are not allowed to represent any party. Your claim which is below 100k falls within the operation of Small Claims Cases. According to the Rules, the following are the procedures:

(1) Accomplish and verify the Statement of Claim (Form 1-SCC) in duplicate.

(2) The Statement of Claim must be accompanied by:
(a) Certification of Non-Forum Shopping (Form 1-A, SCC);
(b) 2 duly certified photocopies of the actionable documents subject of the claim
(in your case, it is the contract, receipt, or such other document evidencing
the transaction)
(c) Affidavits of witnesses (including your Affidavit)
(d) Other evidence to support your claim.

(3) Pay the docket and other legal fees.

(4) The Court will determine if the case falls within the Rules of Procedure on Small
Claims Cases. If the case does not fall within the Rules, it will be dismissed.

(5) If the case falls within the Rules, the Court shall issue Summons (Form 2-SCC)
directing the defendant to submit a verified Response.

(6) The Court shall also issue a Notice (Form 4-SCC) to both parties, directing them
to appear before it on a specific date and time for hearing with a warning that
no unjustified postponement shall be allowed.

(7) The defendant shall file with the Court and serve on the plaintiff his verified
Response within a non-extendible period of 10 days from receipt of the
summons. The Response shall be accompanied by certified photocopies of
documents, as well as affidavits of witnesses and other evidence in support
thereof.

( If the defendant fails to file his Response within the required period, the
Court by itself shall render judgment as may be warranted by the facts alleged in
the Statement of Claim.

(9) At the designated hearing, the parties shall appear personally or through a
representative authorized under a Special Power of Attorney (Form 5-SCC) to
enter into an amicable settlement, to submit to Judicial Dispute Resolution, and
to enter into stipulations or admissions of facts and of documentary exhibits.

(10) During the hearing, the Judge shall read aloud a short statement explaining the
nature, purpose and the rule of procedure on small claims cases.

(11) During the hearing, the Judge shall conduct a Judicial Dispute Resolution (JDR)
through mediation, conciliation, early neutral evaluation, or any other mode of
JDR. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute
shall be reduced in writing, signed by the parties, and submitted to the court for
approval (Form 12-SCC).

(12) If the JDR fails and the parties agree in writing (Form 10-SCC) that the hearing
of the case shall be presided over by the Judge who conducted the JDR, the
hearing shall so proceed in an informal and expeditious manner and terminated
within 1 day.

(13) If the parties do not agree that the case shall be presided over by the Judge
who conducted the JDR, the case shall be referred to the pairing Judge who shall
decide the case.

(14) After the hearing, the Court shall render its Decision on the same day based on
the facts established by the evidence (Form 13-SCC). The decision shall
immediately be entered by the Clerk of Court in the court docket for civil cases
and a copy thereof forthwith served on the parties.

(15) The decision shall be final and unappealable.

(16) If the decision is rendered in favor of the plaintiff, the Court shall issue
execution upon motion filed by the plaintiff (Form 9-SCC).


NOTE: The Forms required to be filled up and filed with the Court are available
with the Clerk of Court. It is the duty of the Clerk of Court to assist any party
who requested such assistance regarding the procedure and forms to be
accomplished.

Appearance of Attorneys not allowed. No attorney shall appear in behalf of or
represent a party at the hearing unless the attorney is the plaintiff or the
defendant.

A request for postponement of a hearing may be granted only upon proof of
the physical inability of the party to appear before the Court on the
scheduled date and time. A party may avail of only one (1) postponement.

you have a chance to recover the P50,000 you have loaned to your friend. An oral contract of loan is valid and binding. And you can prove this by other evidence other than a written loan agreement. But before you start filing a case against your friend, I suggest you consult an attorney on how the process work and what are the conditions precedent prior to the filing of a case.

mraming salamat po sa lahat ng nagbigay ng payong legal,nangako na naman po sya this may 30 na magbabayad na.wait ko po muna kung tutupad na sya this time before ko i pursue ang case.maraming salamat po!

Hi, I am newbie here. I have similar concern but the amount that have been borrowed is 550K. This started sometime in 2005. A good friend borrowed money to fund their family business. He used their house & lot as payment; meaning, the borrowed money will be my initial payment at magbabayad pa me sa kanya ng certain amount for a specified no. of years.

However, after 3 months, nagkaroon ng problem sa family nila at tinanggal sya sa pamamahala ng business nila. This prompted us to visit him para pag usapan ang nangyaring agreement. Nde na sya mahagilap. Ang nadatnan na lang eh ung Nanay. Nakwento namin ng buo. So in short, in behalf of the anak, nag assure ung Nanay na babayaran ng buo ung borrowed money pero ala syang pinirmahan na agreement na ganun.

Around December 2008, 3 years passed, nakontak na din ung anak. Nag usap kami at gumawa ng panibagong written agreement.. that is, I just have to pay additional 500K at sa akin na ung bahay at lupa nila. Plus, ako na din ang magbabayad ng Pag-ibig monthly amortization. Naka-loan pala sa Pag-ibig ung bahay at lupa. Currently tenanted ung bahay with 12K monthly rent.

Before we give the total amount, nagbigay muna kami ng 100K and requesting them to present mga documents (Titulo, Pag-ibig Loan agreement, at pati ung Contract of Lease/Rent). Nagkaroon ng usapan na sila magbabayad ng unpaid taxes nung property.

The second meeting daladala ung ibang documento na hinihingi namin. This time, binago ang usapan. Babayaran daw namin ung unpaid taxes around 120K++, then ang makukuha kong rent eh 8K (not anymore 12K), then pay ko ung Pag-ibig restructure na 80K++. Or in short, magdagdag kami ng 200K (from 500K to 700K) para sa akin ibenta ung house & lot.

Totally nag back-out na kami. Nagkaroon ng written agreement na ibabalik nila ung 100K on March 25, 2009 at ung 550K on June 2009. Pag nde nila naibalik ng buo ung 550K, there will be 2% interest per month.

Until now, nde pa naibabalik ung 100K. Ala daw sila pambayad. Tapos ung 550K eh ala din silang kibo. Ung pinakabagong written agreement is signed by the Nanay, my sister and my father.

For 3 years nde nila kami kinibo at nde nagbayad ni isang kusing ng interest. Totally nabalewala na ang interest ng 3 years. Tapos this time, ganun ganun lang sila makipag usap. In this case, ano po ang magagawa ko para magbayad sila? Appreciate any legal advice from anyone.

Thank you.