Small Claims Court - Questions

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thailend19
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My filipina GF was promised(in a signed notarized statement) the return of 200,000 pesos which she gave the woman, her landlady, more than a year ago. The landlady has been putting her off and she decided to file a claim for the 200,000(the maximum allowed in Small Claims) plus any interest that sum would have generated since that form was sign ed.

She needs to know:

1. The filing procedure(on-line, or in-person at the court)

2. Can she file and appear on the same date or doe the Court send her a date to appear(and what the delay is between filing and showing up).

3. Once she appears in court, assuming the landlady fails to appear, how long before the Court makes a decision?

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Jollygoodfellow
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Dave Hounddriver
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52 minutes ago, thailend19 said:

200,000 pesos which she gave the woman, her landlady, more than a year ago.

Although I cannot answer your question directly I can ask a pertinent question.  Who is the owner of the house and are you sure?  Its common practice here that the "landlady" is usually not the direct owner so you can sue her all you want but it will turn out she has nothing and the house belongs to a relative and cannot be attached.  Such had been my experience and YMMV

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thailend19
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21 minutes ago, Dave Hounddriver said:

Although I cannot answer your question directly I can ask a pertinent question.  Who is the owner of the house and are you sure?  Its common practice here that the "landlady" is usually not the direct owner so you can sue her all you want but it will turn out she has nothing and the house belongs to a relative and cannot be attached.  Such had been my experience and YMMV

I will ask my GF, but I'm pretty sure she's the owner because1)she knows  the neighborhood,  the landlady and her family for a longi time. You make a god point.

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thailend19
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2 hours ago, thailend19 said:

I will ask my GF, but I'm pretty sure she's the owner because1)she knows  the neighborhood,  the landlady and her family for a longi time. You make a god point.

She said she's 100% certain.

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Dave Hounddriver
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10 minutes ago, thailend19 said:

She said she's 100% certain.

That's good because quite often a mother will give her property to her kids before pulling a stunt like that and then you are screwed.  (Happened to a buddy of mine.)  But on the bright side, I have heard of foreigners winning and getting paid by filing cases at the barangay level. Have you tried to resolve it with the barangay captain?

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thailend19
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8 minutes ago, Dave Hounddriver said:

That's good because quite often a mother will give her property to her kids before pulling a stunt like that and then you are screwed.  (Happened to a buddy of mine.)  But on the bright side, I have heard of foreigners winning and getting paid by filing cases at the barangay level. Have you tried to resolve it with the barangay captain?

I tried to keep it on a local level, between my filipina girl friend, who handled the negotiations, including(at my insistence) the loandlady sign a notarized form agreeing to the amount owed by her. This keeps me out of the loop. It's between my GF and the landlady. The apartment is in Quezon City, but my GF's Philippine address is in Cavite(she owns a townhouse there). Different barangays, although I assume you'r suggesting she approach the Quezon City Barangay first.

I should have added, she lived previously in Quezon city but since moved to Cavite.

Edited by thailend19
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PaulB
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I paid for some land, through my wife, Php 100k and we never go the title deeds. I took it through Barangay Captain and got it all plus interest. Worth trying there first.

 

Paul

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SNAFU
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thailend,

Ditto Dave and Paul, you (GF) might try your Barangay office first. Asawa and I resolved a contract breach/non-performance issue with a local roofing contractor at the Barangay office. Heck, we were only there once for a couple hours total, and walked out with a resolution. If you get the chance, it's a pretty interesting system to observe/experience, too. YRMV,

SNAFU

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Jollygoodfellow
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23 hours ago, thailend19 said:

She needs to know

Did you look at the link I posted in post #2 ?

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