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Verified Tsikot Member
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- May 2008
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- 230
May 4th, 2011 10:01 AM #11I think your claims might fall under Small Claims procedure, walang abogado (or they are prohibited from appearing) as long as less than Php 100,000 ang claims natin. When I saw a complaint falling under Small Claims parang checklist lang siya so no need for legal advise and just a space wherein you explain everything that happened. Good thing also about this is that one day hearing lang so hindi masyado hassle sa parties to the case (and the intricacies of the legal procedures ).
Problem is I am uncertain if small claims has already been implemented in Q.C. .
BTW. remember to blotter the said event in the police station having jurisdiction.
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May 4th, 2011 10:14 AM #12
tulfo mo na yan sir. baka isang tawag palang ni Tulfo either a) mag pramis na tulungan ka to secure CR or b) refund ka nila. :D
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May 4th, 2011 10:16 AM #13
pwede ka rin pala mag file ng affidavit of loss sir. so you can secure duplicate copy of CR.
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Verified Tsikot Member
- Join Date
- May 2011
- Posts
- 8
May 4th, 2011 10:17 AM #14hindi pa naman dumarating sa point na mag ddemand ako
pero im looking forward na maayus nila lahat
this day they set a small talk sa office ng car shop
hopefully they can resolve this issue
sad to say na kakadala na mag buy ng car sa mga shop but i think
not all
nag kataon lang cguro na tapat ako sa shop
na di maayus.
di ko pa naman na pa blotter
if in case things get worst
ill go for those advices that u guys gave me
hirap pa naman kasi im staying here in makati tpos ang
pinupuntahan ko QC pa talong talo na ako sa pamasahe
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Verified Tsikot Member
- Join Date
- May 2011
- Posts
- 8
May 4th, 2011 10:24 AM #15iniisip ko kasi kung ako mag aasikaso patay ako
panu work ko. hindi naman ako pwede mag leave ng matagal kasi
wala na ako leave iisip ko kasi yung pwede ko gawin na
easy lang wala ganu hassle
siguro 3 option ko na lang pa blotter
baka option ko:
blotter
complaint sa barangay
lalapit na rin ako sa NBI cguro
sana wag na umabot sa ganun
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May 4th, 2011 10:37 AM #16
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Verified Tsikot Member
- Join Date
- May 2008
- Posts
- 230
May 4th, 2011 11:25 AM #17May usapan pala kayo ngayon sir, bring a demand letter and let them sign it with date para unahan mo ng takot (tapos medyo pagalit mo pa ibagsak sa table ). Mahirap na, ikaw din pupunta sa lugar nila (they might see that as an advantage). Since your in the vicinity, why don't you drop by the police station for a blotter? (pag hindi magandan usapan *fingers crossed*) para fresh pa sa isip mo.
Just an advice from a fellow tsikoteer .
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May 4th, 2011 11:27 AM #18
yes, im 100% sure it winnable... the only thing you need to decide is what kind of action you will institute... civil or criminal.. in that situation, a legal advise is imperative.
take note, seeking legal advise is different from hiring the services of lawyer on a case basis... the first is through legal query for a small fee (time based or per query) the latter one is by retainer for the case itself in which case you will be paying attorney's fees.
if you feel spending a little more for legal query is no longer an option, and if it so happen that you personally dont know any lawyer at all for a free legal advise, you can still seek such legal advise from a PAO lawyer. its free just prove to them that you are not in the right financial standing to hire a lawyer of your choice.
Small Claims is being implemented in QC. actually it is one of the pilot areas of the Supreme Court.
in principle, lawyers are no longer needed in small claim (SC) cases...but technically they are not prohibited to appear... the rationale of SC procedure is simply to relax the procedure by doing away the technicalities and likewise to avoid additional burden on the party litigants in hiring and spending hard earned money for lawyers just to handle a small case.... thus, unless the party suing is knowledgeable of basic legal procedure, he can dispense the services or advice of a lawyer... but, and the big but, is if he is not, how he can determine what will be the right cause or causes of action he has against the other party and thereafter how to initiate it..
conversely, if a person will opt to engage the services of lawyer albeit what he is collecting is actually lower and not enough to cover the atty fee, its his choice and no one can challenge that.. it is a basic constitutional right to be represented by counsel at any proceedings and that right cannot be overturned by a mere rule of procedure like the small claims.
BTW, I also agree with the other suggestion of doing the paper works by yourself after causing the issuance of duplicate CR.
my cents.. regards.
phezthie
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