Small Claims and YOU

Duties of Sheriffs & Process Servers in Small Claims Cases

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Please take time to watch this Video

A.M. No. 08-8-7-SC

Lawyers not allowed to appear

Quick & Inexpensive Simple & Informal

Money Claims for Php100,000.00 or less

Cases Covered by the Rule

Purely Civil in Nature
Money Claims From
Lease

Civil Aspect of Criminal Actions

Money Claims
Sale
Loan/ Mortgage Damages arising from Contract, Quasi-Contract or Negligence

Services

Enforcement of Barangay Settlement

Any natural or juridical person can file small claims case

At the MeTC, MTCC, MTC, MCTC where plaintiff or defendant resides

By filing a verified Payment of filing SCC, certification fee of non-forum shopping, actionable docs & affidavits of witnesses

What will When to Failure to Court Do File Response Respond

Representation

Settlement & Hearing

Decision

Dismiss Claim

10 Days Nonextendible

Render Judgment

No lawyer

Only 1 Postpone ment

Render Judgment in 1 day

Summons Fill-up the But appears & Notice Response Court Of Hearing Form ascertains defense

Representa- Exert effort Nontive at to settle OR appealable hearing is Terminate judgment allowed hearing in 1 day

Execution

Immediately executory Execution upon motion

Duties of the Sheriff & Process Servers

If the summons cannot be served to the defendant and the sheriff files a sheriff return with the court, the plaintiff will have 2 months to locate the defendant and submit a new address to the court. If you cannot comply with this, then the case is dismissed, and time, effort and the amount of filing fee are wasted.

Duties of the Sheriff & Process Servers If the judge does not dismiss the case, the Sheriff/Process Server shall serve the Defendant the following documents: Summons, Notice of Hearing, Information for the Defendant, Response Form, Special Power of Attorney & a copy of the Statement of Claim with the attached documents

Duties of the Sheriff & Process Servers

Sheriffs Return is filed with the court within five (5) days. The plaintiff is also served a copy of the Sheriffs Return.