My client asked me if she could a charge a criminal case to a person who has borrowed a sum of P 90, 000.00 from her.
Her situation is very common to all of us. Thus, I post this advice here on my blog to at least inform who would be reading this.
First, you cannot file a CRIMINAL CASE against your borrower. There is no criminal ground to indict the borrower. As a matter of fact, it is no less than our very own Constitution that provides that no person shall be imprisoned for debt.
Second, what you could file to your borrower is only a CIVIL CASE. It is simply a collection of a sum of money. These are the steps on how to lodge a collection case against your borrower.
1. Make it sure that you have all the documents showing the indebtedness of the person and the same shall be due and demandable.
2. Make a written demand to your borrower providing him some time to pay his debt, otherwise, you would file a case against him.
3. If the borrower will not pay, lodge a formal complaint against him in barangay. If no payment nor settlement is reached, secure an indorsement or a certification to file action.
4. If the amount is less than 100 thousand pesos, it falls in the small claim cases, like in this case, the sum involved is 90 thousand pesos. You may file directly a small claim case in the municipal court of the place which has jurisdiction of the case. You would be required to fill-up only the pro forma form or fill-in-the blank form. A lawyer is not needed to represent you in this case.
5. After the case is filed, the respondent or the borrower is given an opportunity to file an answer.
6. The case is then set for hearing. It only requires one day to hear this case.
7. Then a judgment is given. If your prayer is granted, the borrwoer is ordered to pay his indebtedness. If he cannot pay, you may ask for the execution of the judgment.
Her situation is very common to all of us. Thus, I post this advice here on my blog to at least inform who would be reading this.
First, you cannot file a CRIMINAL CASE against your borrower. There is no criminal ground to indict the borrower. As a matter of fact, it is no less than our very own Constitution that provides that no person shall be imprisoned for debt.
Second, what you could file to your borrower is only a CIVIL CASE. It is simply a collection of a sum of money. These are the steps on how to lodge a collection case against your borrower.
1. Make it sure that you have all the documents showing the indebtedness of the person and the same shall be due and demandable.
2. Make a written demand to your borrower providing him some time to pay his debt, otherwise, you would file a case against him.
3. If the borrower will not pay, lodge a formal complaint against him in barangay. If no payment nor settlement is reached, secure an indorsement or a certification to file action.
4. If the amount is less than 100 thousand pesos, it falls in the small claim cases, like in this case, the sum involved is 90 thousand pesos. You may file directly a small claim case in the municipal court of the place which has jurisdiction of the case. You would be required to fill-up only the pro forma form or fill-in-the blank form. A lawyer is not needed to represent you in this case.
5. After the case is filed, the respondent or the borrower is given an opportunity to file an answer.
6. The case is then set for hearing. It only requires one day to hear this case.
7. Then a judgment is given. If your prayer is granted, the borrwoer is ordered to pay his indebtedness. If he cannot pay, you may ask for the execution of the judgment.
