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 years – oral or implied contracts; quasi-contract (e.g., unjust enrichment).
- 4 years – quasi-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.
- RTC – exceeds ₱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)
- Final demand (with computation & deadline) → keep proof of service.
- Check prescription, venue, barangay conciliation need.
- Choose Small Claims (≤ ₱1M, documentary) or Regular action.
- Prepare complaint/SOC with all exhibits; consider attachment if risk of asset flight.
- Pre-trial: mark exhibits; push stipulations (debt, deliveries, interest clause).
- Trial (if any): lead with custodian of records + accounting witness.
- Judgment → Writ of Execution → garnish/levy.
- Post-judgment interest until satisfaction.
Defendant (if you receive a demand/summons)
- Audit the claim: compute your exposure; gather proof of payment/defects.
- Negotiate (discount for lump-sum/short plan).
- If sued: file Answer in 30 calendar days (regular cases) or Response per small claims rules; assert counterclaims/set-off with documents.
- 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.