Many Filipinos tend to be very kind-hearted. I bet you too, since you are reading this post. That is why when you have a friend or loved one who wants to borrow money from you, you cannot say no. There are even times when you loan money just to lend it to them, whom you think needed it more than you.
But because of this same trait, you likewise don’t have the guts to pursue this friend or loved one should he/she fails to pay on the agreed time. Sometimes you can’t even look the debtor in the eye when asking him/her to pay because of fear of hurting his/her feelings, which can make your relationship turn sour.
That is why many wish to avail of the services of a lawyer to do the dirty work for them, i.e. collecting the money that the debtor owes and taking the necessary court action, if needed. In this way, it is the lawyer who seems to be doing the harsh thing of collecting the debt and hurting the debtor’s ego, not you.
However, it is a public knowledge that the cost involved in hiring a professional legal service is quite expensive for a petty loan. This though should not be taken against lawyers. They have spent countless of hours and fortune just to attain a degree in law and be where they are right now. Thus, they deserved such hefty payment for their services.
So, when the debtor continuously refuses to pay, some people will instead turn to the old ways of collecting, which is either through force or intimidation that could sometimes lead to hostile confrontations or even fatal circumstances, just like in the feature incident above. Hence, I highly discourage you from doing that.
There is a better way.
For some time now, the Supreme Court had promulgated the Rules of Procedure for Small Claim Cases. In such rule, you can directly go to court to collect the debtor’s debt without the need of a lawyer. The process was likewise simplified in order for the ordinary layman to easily understand it. The necessary pleadings were also made available online through the official websites Supreme Court and the Office of the Court Administrator, which are in fill-in the blanks format in order to make the documentation fast and easy.
Thus, should anyone owes you a loan of P300,000.00 or below, when you are living outside Metro Manila or a loan of P400,000.00 or below, when you are living within Metro Manila, you can now directly go to court to collect such debt, provided you already complied with the necessary Katarungang Pambarangay Conciliation proceedings, if you are covered by that process.
For your convenience, I prepared a step by step process flow on doing this. Just click on the flowchart for more details thereof.
Again, all of these you could do without the necessity of hiring a lawyer. Nevertheless, no one is stopping you should you feel more comfortable if one with a legal background will assist you in all of these. Surely, any lawyer can do that. Even if he/she may not be able to represent you in court, but he/she may prepare all the documents for you and brief you of the court’s processes beforehand.
There is also a big possibility that when you go to a lawyer the process may be expedited. That is because there is a great chance that when the debtor received a demand letter sent by a lawyer on your behalf, he/she will pay the debt right away. In this case, you don’t even have to go to court to collect such debt.
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This article is not offered as a legal advice or opinion. It is just for informational and educational purposes only.