Collection of Sum of Money Suit After Demand Letter Philippines

Here’s a comprehensive, practice-oriented legal guide—Philippine context—on Collection of Sum of Money suits after sending a demand letter: when to sue, where, how, defenses you’ll face, interest/fees, and how to actually collect once you win. No browsing used.


1) What a “collection of sum of money” case is (and when to file)

A collection suit enforces a debtor’s obligation to pay a determinable amount—typically from a loan, sale of goods/services, promissory note, checks, account stated, or unjust enrichment.

A demand letter is not always a legal prerequisite to sue, but it’s crucial because it:

  • Puts the debtor in delay (mora) → triggers interest and damages from the date of demand (or from filing if no demand).
  • Shows good faith and can help you recover attorney’s fees when you’re “compelled to litigate.”
  • Often satisfies contractual notice clauses.

When to pull the trigger:

  • The debt is due and demandable, demand was refused/ignored, and informal settlement has failed.

  • Watch prescription:

    • 10 years – upon a written contract, promissory note, or other written obligation.
    • 6 yearsoral or implied contracts; quasi-contract (e.g., unjust enrichment).
    • 4 yearsquasi-delict (rare in straight collections).

2) Demand letter: what to include (and why it matters)

Key contents

  • Parties and debt reference (contract/invoice/check numbers; dates).
  • Exact amount due (principal + accrued interest/penalties as of a cut-off date), with running interest thereafter.
  • Legal basis (contract clause, delivery & acceptance, check issued/dishonored).
  • Firm deadline to pay (e.g., 5–10 days from receipt).
  • Payment instructions and where to send queries.
  • Consequences of non-payment (suit; interest; attorney’s fees per contract/law).
  • Mode of service that’s provable: personal with acknowledgment, registered mail (keep registry receipts/return card), courier with tracking, or email with read receipts.

Good practice: Attach Statement of Account (SOA), invoices, delivery receipts (DRs), and the promissory note or check images. These become your exhibits later.


3) Where and how to file: forums, thresholds, and procedures

A) Small Claims (no lawyers appearing; fast; documentary)

  • Coverage: Pure money claims without damages (other than interests, costs, attorney’s fees) up to ₱1,000,000 (exclusive of interest/costs).
  • How: File a Verified Statement of Claim with all supporting documents (contracts, SOA, DRs, ORs, emails, demand letter + proof of receipt).
  • Process: Court serves Summons; single hearing focused on documents; judgment on the same day where possible.
  • Finality: No appeal; judgment is immediately final and unappealable (exceptional recourse is a Rule 65 petition for grave abuse—rare).

B) Regular civil action (through counsel)

  • Jurisdictional amounts (personal actions):

    • First-level courts (MTC/MeTC/MTCC) – claims not more than ₱2,000,000, exclusive of interest, damages, attorney’s fees, and costs.
    • RTCexceeds ₱2,000,000.
  • Venue (personal action): Where the plaintiff or defendant resides (at plaintiff’s option), unless a written venue stipulation exists.

  • Pleadings: Verified complaint recommended (especially if you want provisional remedies). Attach actionable documents (e.g., contract, note, check, SOA) as annexes; a party relying on a document must attach it and the adverse party must specifically deny under oath if authenticity is questioned.

  • Timeline (nutshell): Summons → Answer (30 calendar days) → pre-trial & mediation/JDR → trial (documentary, then witnesses) → decision.

C) Barangay conciliation (condition precedent in many cases)

  • Required before filing when both parties are natural persons residing in the same city/municipality, and no statutory exception applies.
  • Not required when at least one party is a juridical entity (corporation/partnership), or parties live in different cities/municipalities, or the case falls under recognized exceptions (e.g., with provisional remedy needed).
  • File your Certificate to File Action (CFA) with the court to show compliance.

4) Legal bases you can plead (choose what fits the facts)

  • Breach of written contract (loan, sales, services, lease).
  • Promissory note/loan acknowledgment.
  • Open account / account stated (debtor failed to dispute periodic statements within a reasonable time; silence = implied assent).
  • Dishonored checks (civil liability for the amount + interest/fees; BP 22 is separate criminal liability you may pursue in parallel, but not required).
  • Quantum meruit / unjust enrichment (you delivered value, debtor benefited without paying; useful when formal contract is lacking).
  • Surety/guaranty (proceed directly against a surety; for a guarantor, observe benefit of excussion rules unless waived).

5) Interest, penalties, attorney’s fees, and how courts compute

  • Conventional interest: Enforce per contract if clearly stipulated (rate + basis). Unconscionable penalty charges may be reduced by the court.

  • Legal interest: If no valid stipulation, 6% per annum (simple) generally applies—

    • Loans/sum certain: from demand (or from filing of complaint if no demand).
    • Judgments: 6% per annum from finality of judgment until fully paid.
  • Attorney’s fees: Recoverable by stipulation or when the prevailing party was forced to litigate; still discretionary and must be reasonable (courts often award a percentage or fixed sum supported by proof).

  • Liquidated damages/penalties: Enforceable if not iniquitous; courts may moderate them.

Always plead the dates of default and show your math in an annex (interest table). Courts appreciate transparent computations.


6) Provisional and post-judgment remedies (to actually collect)

A) Before judgment

  • Preliminary attachment (Rule 57): If the debtor is about to abscond, fraudulently disposing of property, or the claim is based on embezzlement/willful breach, etc. Requires:

    • Verified application stating a statutory ground,
    • Attachment bond, and
    • A claim for a specific sum. The sheriff can attach real or personal property, which later secures satisfaction.

B) After judgment (Rule 39 execution)

  • Garnish bank accounts, receivables, or salaries (serve writ on garnishee).
  • Levy on personal then real property (sheriff’s sale).
  • Examination of judgment obligor and third parties (to discover assets).
  • Receivership/charging orders (for partnership interests), if apt.
  • Contempt for disobedience to orders (e.g., refusal to turn over assets already garnished).

7) Evidence that wins collection cases

  • Contracts/notes (signed), ORs/ARs, invoices, delivery receipts (with signatures), job orders, service completion certificates, email chains acknowledging debt, SOAs and debtor’s partial payments (killer evidence), checks/deposit slips, demand letter + proof of receipt.
  • For account stated: show regular SOAs + no timely written objection + subsequent payments.
  • For services: show scope of work, time sheets, acceptance emails, project sign-offs.

Authenticate your exhibits (who issued them, how kept, and who can testify). For corporate plaintiffs, designate a records custodian witness.


8) Common defenses (and how to anticipate them)

  • Payment/set-off/condonation – rebut with receipts and bank proof.
  • No delivery / defective goods or services – answer with DRs, acceptance notes, warranty logs; show debtor’s use/benefit.
  • Forgery / lack of authority – if a corporate debtor claims the signer lacked authority, respond with ratification/acceptance by the corporation, course of dealing, and benefit received.
  • Usury/unconscionable interest/penalties – be ready to defend the rate’s reasonableness; offer alternative computation at legal interest.
  • Prescription – compute carefully from due date/last payment/last written acknowledgment (acknowledgment can restart prescription).
  • Improper venue / no barangay conciliation – cure by filing in the proper venue and/or showing an exception or CFA.

9) Special tracks

A. Checks (BP 22 overlaps)

  • You may file criminal BP 22 separately or simultaneously with the civil case. Criminal proof of issuance and dishonor helps settlement leverage; civil case secures actual recovery. Keep bank return memos (“DAIF”, “Account Closed”) and notice of dishonor attempts.

B. Security interests

  • If you hold chattel or real estate security, consider foreclosure in parallel with or instead of a pure collection suit (watch anti-forum shopping; craft pleadings carefully).

C. Guaranty vs. Surety

  • Surety is solidary—you can sue the surety directly.
  • Guarantor generally enjoys excussion—go after principal debtor’s assets first, unless waived.

10) Litigation roadmaps (concise)

Plaintiff (standard collection)

  1. Final demand (with computation & deadline) → keep proof of service.
  2. Check prescription, venue, barangay conciliation need.
  3. Choose Small Claims (≤ ₱1M, documentary) or Regular action.
  4. Prepare complaint/SOC with all exhibits; consider attachment if risk of asset flight.
  5. Pre-trial: mark exhibits; push stipulations (debt, deliveries, interest clause).
  6. Trial (if any): lead with custodian of records + accounting witness.
  7. JudgmentWrit of Executiongarnish/levy.
  8. Post-judgment interest until satisfaction.

Defendant (if you receive a demand/summons)

  1. Audit the claim: compute your exposure; gather proof of payment/defects.
  2. Negotiate (discount for lump-sum/short plan).
  3. If sued: file Answer in 30 calendar days (regular cases) or Response per small claims rules; assert counterclaims/set-off with documents.
  4. Consider consignation (deposit what’s due in court) to stop interest if there’s a bona fide dispute on small balance or payee.

11) Templates you can reuse (short forms)

A) Final Demand (essential paragraphs)

We refer to your obligation under [contract/ref] for ₱[principal], due [date]. Despite prior reminders, the account remains unpaid. As of [cut-off date], your total due is ₱[principal + accrued interest/penalties]. Thereafter, interest accrues at [x%/yr or 6%/yr legal rate] until full payment. Kindly pay within [5/10] days from receipt to avoid legal action, additional costs, and attorney’s fees. Please direct payment to [bank details] and email [address] with proof.

B) Interest Computation Sheet (attach to demand/complaint)

  • Principal: ₱____
  • Contract rate: __% p.a. (or 6% p.a. legal interest)
  • Accrual start: [date of default/demand]
  • Days/years elapsed: ___
  • Interest to [cut-off]: ₱____
  • Running interest: ₱____ /day from [cut-off] until paid.

12) Practical tips that move the needle

  • Paper is king: Courts decide collections on documents. If it’s not attached, it almost doesn’t exist.
  • Make the debtor talk: Written acknowledgments or partial payments are powerful—they interrupt prescription and prove liability.
  • Mind your math: Provide clear, conservative computations; offer an alternative using legal interest if the court finds your penalty unconscionable.
  • Think like an enforcer: Identify attachable assets before filing (banks, receivables, vehicles, realty).
  • Settlement windows: Pre-trial and just before execution are prime moments—have tiered offers ready.

13) Bottom line

  • After a proper demand, a collection of sum of money suit turns on clean documents, correct forum, and credible computations.
  • Choose Small Claims (≤ ₱1M) for speed, or a regular action (MTC ≤ ₱2M; RTC > ₱2M) when amounts are higher or issues are complex.
  • Use attachment if there’s asset flight risk; lock in interest and fees by pleading and proving them right.
  • Winning on paper is half the battle; plan execution from day one so your judgment turns into cash.

This is general information, not legal advice. For live matters (e.g., cross-claims, secured debts, or multiple defendants), consult counsel to tailor pleadings, remedies, and execution strategy to your facts and venues.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.