Hi guys! I am soooooo sorry that it took me a while to write this and for being so slow in updating my blogs. I’ve been having some problems with my connection lately so it has been difficult to post my blogs, but worry not! I now have a more stable connection (welcome to the Philippines) and I will be able to regularly update you guys. So let’s get it on, shall we? 😀
We ended up with the possible lineup of hearings in a small claims court. Now, let us continue our journey!… to information!… hurrah! Hurrah! >o<
After the judge who’s in charge of my case heard all of the criminal cases, which for your information really took a lot of time, he went inside the office and let his people, the sheriff and the bailiff, handle the civil cases. Most of it were collection of sum of money, including mine. The most important thing and the only thing that matters when it comes to collection of sum of money is that both parties compromise and have an agreement. If, after the trusted people of the judge talked to the parties, there’s no agreement formed, that’s the time the judge will talk to them.
As for my case, it was the sheriff who handled us and a compromise agreement was formed. Let me repeat what I said in part 1 of my small claims blog:
“No one gets imprisoned from debt.”
If you are expecting or wanting your debtor to get jailed then I assure you that you will fail. However, if your debtor is not willing to pay then a writ of execution or other forced mode payments will probably be executed by the sheriff. I read online that holding wages in the bank is possible.
If your debtor says s/he is willing to pay and both parties settle with an agreement, the sheriff will write and print the conditions for you. Remember to add the filing fee you paid when you filed the case to the amount that you agreed upon. So say, for example, he agreed to pay you a total of 30,000 Philippine Peso and your filing fee is 4,000 PHP, You should make him pay 34,000 PHP. If you only put in 30,000 PHP then it’s like he will only pay you 26,000 PHP. The debtor usually carries or pays back the filing fee the creditor or collector spent. It is usually the case for any lawsuit.
What if the debtor doesn’t abide by the agreements/ conditions? Don’t worry! Be happy! There’s still a ray of hope if ever your debtor misses a payment or breaks any of the conditions written in your compromise agreement. A writ of execution will be executed by the sheriff, just like I said above.
What is a writ of execution?
A writ of execution means that the sheriff will be given the authorization to collect any or all of the properties of the debtor. He will then auction it and use the money collected to pay the debtor’s debt to you.
It will be better to specify everything in the compromise agreement you’ll be making. Make sure to specify exact date of payment, mode of payment, and place of payment, if possible, especially for installments. The person who owes me always used pity to get her way. She would always act as if she didn’t do anything wrong and she always gave excuses and made her personal problem mine. Yes guys, if you were in my situation, you’d be losing your brains too. That’s the problem with our society sometimes ,right? They always favor those who look pitiful, even if those people are just faking it. So stating specifics would be important. Trust me on this one. I’ve said “trust me” in almost all of my blogs so basically just trust me. Hahaha. Back to the topic— Stating specifics will somewhat decrease the level of doubt you are having or you will be having with regards to the payment of debt to you.
After the compromise agreement has been finalized then all you need to do is to wait. There a lot of possible situations that can result to non-payment of debt to you. I will keep it to myself for the debtors (sorry guys) to not take advantage.
Just be patient and wait.
I hope I was able to help you in some way.Please take note that this blog was written based on my experience only. Basing it from the nature of my case which was “collection of sum of money”. For other civil cases, I don’t think I’ll be able to help that much. The most powerful thing is research and asking the right people.
Please keep in mind that Estafa is different from Payment of Debt. Don’t get the two mixed up. If you are not sure then ask an expert, meaning a lawyer.
If you have questions regarding small claims for “collection of sum of money” tho, I can answer them and help you in the best way I can. Good day guys! See you on my next blog! 😀
If you have any comments, questions, or any suggested topic? Hit the comment section , like my page on facebook @spontanaileous , and send me your queries! I would try my best to help
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See you in the next blog!