Paano nga ba kasuhan ang mga hindi marunong magbayad ng utang – small claims cases. This article will answer how you can file a case. And although it seems that you do not have a way of getting your money back, the Supreme Court has released a new rule of procedure where you can file a case without the need of a lawyer and spend so much money.
What cases may be filed under Small Claims Cases?
The claim or demand may be:
- For money owed under any of the following:
- Contract of Lease;
- Contract of Loan;
- Contract of Services;
- Contract of Sale; or
- Contract of Mortgage;
- For liquidated damages arising from contracts;
- The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as The Local Government Code of 1991.
Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed Two Hundred Thousand Pesos (P200,000.00).
Commencement of Small Claims Action
A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence.
Educational Video on Filing Small Claims
This video was created by the Public Information Office of the Supreme Court, in cooperation with the United States Agency for International Development through the American Bar Association Rule of Law Initiative. Watch the two stories including the small claims of Lorena and Victor. This video will guide you step by step on how to file a case in Small Claims Court.
If you have questions about how to file in Small Claims Cases, you need to read the Most Frequently Asked Questions (FAQs) the Revised Rules of Procedure For Small Claims Cases. Here’s the LINK.
Read Also: [PDF] Revised Rules of Procedure For SCC
