Description
How to Collect Debts without a Lawyer
Course Description
This lecture aims to discuss the revised rules of procedure for Small Claims cases in accordance with A.M. No. 08-8-7-SC as amended by OCA Circular No. 45-2019. Said lecture will also provide the proper procedure and necessary documentary requirements in filing cases. Moreover, legal remedies will also be discussed.
Course Outline
a. Cases Covered
Applicability
b. Enforcement of a Barangay Amicable Settlement or Arbitration Award
Joinder of claims
Jurisdiction over small claims
Venue
c. Pre-conditions for filing the small claims case
Commencement of small claims action
d. Requirements for filing a small claims case
Certification of documents
Verification and certification against forum shopping
Filing fees
e. Motion to plead as indigent party
f. Procedure after filing the statement of claim
Dismissal of the claim
Issuance of summons and notice of hearing
g. Proceedings after the defendant received the summons
Grounds for Dismissal
h. Special rules to consider
Prohibited pleadings and motions
Hearing
Appearance
Special Power of Attorney
Effect of non-appearance of parties
Postponement
Settlement
Joint motion
Motion for approval of compromise agreement
i. Decision
Judgment and execution
