Chapter 5: The Legal Aspects of Credit and Collection: Adapon, Maria Alicia Castillo, Peter F3C Fincredi
Chapter 5: The Legal Aspects of Credit and Collection: Adapon, Maria Alicia Castillo, Peter F3C Fincredi
Chapter 5: The Legal Aspects of Credit and Collection: Adapon, Maria Alicia Castillo, Peter F3C Fincredi
5. Service of Summons
a. Check that the “correct” sheriff’s fees are paid;
b. By ordinary service of the court process server;
c. Special sheriff may be the creditor’s representative
duly appointed upon proper motion by the court.
6. Reply of the Parties to the Case: Grounds for delay:
a. Motion to dismiss is either on the following ground:
(1) No cause of action
(2) Prior payment
(3) Venue is in issue
(4) Wrong party
THE LEGAL COLLECTION PROCESS
Modes of Discovery
1. Deposition – the written testimony of a
witness given in the course of judicial
proceedings in advance of a trial or
hearing upon oral examination, or in
response to written interrogations or
questions by the other party, and where an
opportunity for cross examination is given.
LEGAL AND EXTRA -LEGAL TECHNIQUES
TO SHORTEN COURT LITIGATION
10. Response
a. Defendant shall file with the court and serve upon
plaintiff a duly accomplished, verified response
within a non-extendible period of 10 days from
receipt of summons.
b. The response shall be accompanied by certified
photocopies of documents, as well as affidavits of
witnesses and other evidences in support thereof.
c. No evidence shall be allowed during the hearing
which was not attached to or submitted together
with the Response, unless good course is shown
for the admission of additional evidence.
SMALL MONEY CLAIM COLLECTION IN COURT
WITHOUT THE NEED FOR AN ATTORNEY
15. Appearance
a. Parties personally shall appear at the
designated date, time of hearing personally
or;
b. Through a representative duly authorized
under a special power of attorney (Form 5 -
SCC) to enter into an amicable settlement,
to submit to mediation, and to enter into
stipulations or admissions of facts and of
documentary exhibits;
SMALL MONEY CLAIM COLLECTION IN COURT
WITHOUT THE NEED FOR AN ATTORNEY