Being blocked after someone borrows money is infuriating, but in Philippine law the blocking itself is mostly just proof of avoidance. Your remedies still depend on the nature of the obligation (loan, advance, reimbursement), the evidence you have, and whether the facts support a purely civil case (collection of money) or also a criminal case (typically only in specific situations like fraud at the start or bouncing checks).
This article explains the practical and legal options—step by step—in a Philippine setting.
Important: This is general legal information, not legal advice. Facts matter a lot in debt cases.
1) Start with the Legal Nature of the Transaction
Most “pautang” situations are a civil obligation: a loan (mutuum) where the borrower must pay back the same amount (plus any agreed interest).
Common legal bases:
- Contract (express or implied): promissory note, written agreement, or even an oral agreement supported by proof.
- Quasi-contract / unjust enrichment: when someone received money they are not entitled to keep (useful when the “agreement” is messy but the transfer is clear).
- Damages: if their non-payment caused you loss, you may claim damages in appropriate cases.
Blocking ≠ automatic crime
Non-payment alone is not automatically a criminal offense. Philippine courts generally treat ordinary unpaid loans as civil, unless special criminal elements exist (discussed below).
2) Preserve and Organize Evidence (This Wins or Loses Cases)
Even if you’re blocked, you can still build a strong paper trail. Collect:
A. Proof money was given
- Bank transfer receipts, e-wallet logs, remittance slips
- Screenshots of transaction confirmations
- Acknowledgment messages like “nareceive ko na”
B. Proof it was a loan (not a gift)
- Chats stating it’s a loan, repayment date, installment plan, “utang,” “babayaran ko”
- Promissory note / IOU / signed paper
- Witnesses to the agreement (less ideal than documents, but still helpful)
C. Proof of demand and default
- Your messages requesting payment
- A formal demand letter (best practice)
- Evidence of being blocked (screenshots showing you can’t message/call)
D. Keep electronic evidence reliable
Take screenshots showing:
- Names/usernames/phone numbers
- Dates and times
- The full conversation thread (not chopped snippets)
If the amount is significant, consider printing and having key screenshots properly identified in an affidavit later. Courts can accept electronic evidence, but credibility and completeness matter.
3) Make a Formal Demand (Before You Sue)
Why demand matters
A demand:
- Shows you acted reasonably.
- Helps establish delay (default)—important for interest/damages.
- Is often expected by courts even when not strictly required.
What to include in a demand letter
- Full names and addresses (yours and debtor’s)
- Date and amount of the loan
- Agreed repayment terms (or “payable upon demand” if no date was agreed)
- Total amount due (principal + agreed interest, if any)
- A firm deadline (e.g., 5–15 days)
- Payment instructions
- Notice that you will file appropriate action if they refuse
How to send it
Preferably to their last known physical address:
- courier with proof of delivery, registered mail, or personal service with a witness
You can also send by email/message for extra documentation, but a physical demand is stronger.
Blocking doesn’t stop demand. Demand is about notice, not their willingness to reply.
4) Check if Barangay Conciliation Is Required (Katarungang Pambarangay)
Before filing many civil cases, you may need barangay mediation/conciliation if:
- You and the debtor live in the same city/municipality, and
- The dispute is between private individuals, and
- No exception applies.
If required and you skip it, your case can be dismissed for being premature.
Outcome you need if no settlement
If no settlement happens, you obtain a Certificate to File Action, which you attach to your court filing.
Common exceptions (examples)
Conciliation may not be required in situations like:
- Parties live in different cities/municipalities
- A party is a juridical entity (e.g., corporation) in some contexts
- Urgent legal action is needed (e.g., to prevent injustice), depending on the circumstances
Because the rule turns on residency and exceptions, many people verify this at the barangay level before heading to court.
5) Civil Remedies: How You Actually Get a Judgment and Collect
Remedy A: Small Claims Case (fastest and most practical for many loans)
If your claim falls within the Small Claims coverage (a money claim for collection), this is usually the best route:
- Simplified procedure
- Faster hearings
- Typically no lawyers needed/allowed to appear (parties generally represent themselves)
- Focused on documents and straightforward proof
What you can claim
- Principal
- Possibly interest (if validly agreed) and allowable fees/costs (court rules apply)
- Legal interest/damages may be available depending on proof and demand
Basic flow
- File a small claims form/statement of claim with attachments
- Court issues summons and sets hearing
- Attempt at settlement
- If no settlement, the court decides
- If you win, proceed to execution if they still refuse to pay
The maximum amount covered by small claims is set by court rules and has been adjusted over time. If your claim is near a threshold, verify current coverage at the court.
Remedy B: Collection of Sum of Money (Regular civil case)
If the amount is above small claims coverage or the situation is complex, you file a regular civil case for collection of sum of money in the proper court (jurisdiction depends on the amount and location rules).
This is slower and more procedural but can handle:
- Larger amounts
- More complicated defenses
- Requests for provisional remedies (like attachment) more often than small claims
Remedy C: Action based on quasi-contract / unjust enrichment
Useful when the debtor argues:
- “It was a gift,” or
- “There was no loan agreement,”
…but you can clearly show they received money without legal basis to keep it.
6) The Key Phase People Forget: Execution (How You Force Payment)
Winning a case is step one. The real leverage is execution.
If the court issues a judgment and the debtor still won’t pay, you can seek a Writ of Execution. Through the sheriff, collection can happen via:
- Garnishment of bank accounts (if you can identify the bank)
- Garnishment of receivables (money owed to them by others)
- Levy on personal or real property (subject to exemptions)
You may also use post-judgment tools such as requiring the debtor to disclose assets in proceedings allowed by rules.
Practical tip: If you know where they work, bank, or do business, that information is often more valuable than arguing with them online.
7) Can You File a Criminal Case? Only in Specific Scenarios
A. Estafa (Swindling) — possible, but not for ordinary non-payment
Estafa generally needs fraud or deceit of the kind the law recognizes—often present at the start of the transaction (e.g., they lied to induce you to lend money), or other specific modes under the Revised Penal Code.
Red flags that may support estafa (fact-dependent):
- They used a false name/identity, fake documents, or fake circumstances to get the loan
- They never intended to pay and their deceit can be proven from the beginning (not just “they blocked me” later)
Blocking after borrowing is usually not enough by itself to prove estafa.
B. Bouncing Checks: BP 22 and/or Estafa by issuing a bad check
If the debtor paid you with a check that bounced:
- Batas Pambansa Blg. 22 (BP 22) may apply (the “Bouncing Checks Law”)
- There can also be estafa implications in certain check scenarios
These cases often hinge on:
- Dishonor of the check
- Proper notice of dishonor
- Failure to make good within the legally relevant period after notice
If your transaction involved checks, keep:
- The dishonored check
- Bank dishonor slip/return memo
- Proof of notice to the issuer
C. Online “scam” patterns
If the debtor did this to multiple people using the same scheme, you may have additional avenues (e.g., reporting patterns), but criminal liability still depends on meeting specific legal elements—not simply non-payment.
8) Interest, Penalties, and Attorney’s Fees (What You Can and Can’t Add)
Interest
- Interest generally must be clearly agreed upon (preferably in writing) to be enforceable as contractual interest.
- Even without agreed interest, courts may award legal interest in appropriate cases, often tied to demand and judgment rules.
Penalties
Penalties (like “10% per month”) may be attacked as unconscionable/excessive depending on circumstances. Courts can reduce excessive penalties.
Attorney’s fees
You generally can’t just add attorney’s fees because you feel wronged; you usually need:
- A contractual stipulation, and/or
- A legal basis recognized by the Civil Code and proven to the court
9) Prescription (Deadlines) — Don’t Sleep on Your Claim
Philippine law imposes time limits to file actions:
- Written contract claims generally have a longer prescriptive period than oral ones.
- Criminal cases like BP 22/estafa also have their own prescriptive periods.
Because deadlines depend on the exact cause of action and documents, treat prescription seriously if the debt is old.
10) What Blocking Changes (and What It Doesn’t)
Blocking changes:
- It’s circumstantial evidence of avoidance/bad faith.
- It prevents informal settlement unless you use formal channels.
Blocking does NOT change:
- Your right to demand payment
- Your right to sue
- Service of summons (courts serve at addresses, not social media)
- The ability to enforce a judgment (execution targets assets/income, not their willingness to chat)
11) What NOT to Do (To Avoid Getting Yourself in Trouble)
To keep the moral high ground and avoid counter-cases:
- Don’t post “exposé” content naming them and calling them a thief/scammer unless you’re prepared for possible claims (e.g., defamation issues), and unless what you post is carefully factual and legally safe.
- Don’t threaten violence or public humiliation.
- Don’t impersonate law enforcement or claim fake warrants.
- Don’t harass family members or employers in a way that can be framed as intimidation.
Channel your effort into demand → case → judgment → execution.
12) Practical Playbook (Most Effective Sequence)
- Compile evidence (proof of transfer + proof it’s a loan)
- Locate their last known address (for demand and summons)
- Send a formal demand letter with a deadline
- Check barangay conciliation requirements; obtain certificate if needed
- File Small Claims if eligible; otherwise, file collection case
- If you win and they still refuse, move for execution (garnishment/levy)
- Consider criminal options only if facts clearly fit (e.g., bounced checks, fraud at inception)
13) Mini Template: Demand Letter Outline
- Date
- Debtor’s name + address
- Re: Demand to Pay Loan
- Statement of facts: “On (date), you borrowed ₱__ payable on (date) / payable upon demand…”
- Demand: “Please pay ₱__ on or before (date) through (method)…”
- Warning: “Failure will constrain me to pursue appropriate legal action, including filing a case for collection…”
- Signature + printed name
- Attachments list (proof of transfer, screenshots)
14) When to Consult a Lawyer Immediately
Even if small claims is self-represented, get legal help early if:
- The amount is large
- The debtor has assets you want to target (attachment strategy)
- The facts may support estafa or BP 22
- You suspect they are dissipating assets or leaving the jurisdiction
- There are multiple debtors/guarantors or complicated terms
If you want, paste (1) how the money was sent, (2) whether there was a written note or just chat, (3) whether a check was involved, and (4) your and the debtor’s city/municipality—then I can map the cleanest remedy path (small claims vs regular case vs check-based remedies) and what evidence matters most.