No Person Shall Be Imprisoned For DEBT
My client asked me if she could file a criminal case to a person who has borrowed a sum of P90,000.00 from her. Her situation is very common to all of us. Thus, I post this advice here to at least inform who would be reading this. First, you cannot file a CRIMINAL CASE against your borrower. There is no criminal ground to indict the borrower. As a matter of fact, it is no less than our very own Constitution that provides that no person shall be imprisoned for debt. Second, what you could file to your borrower is only a CIVIL CASE. It is simply a collection of a sum of money. These are the steps on how to lodge a collection case against your borrower. 1. Make it sure that you have all the documents showing the indebtedness of the person and the same shall be due and demandable. 2. Make a written demand to your borrower providing him some time to pay his debt, otherwise, you would file a case against him. 3. If the borrower will not pay, lodge a f...