i. Practice areas
Money, contracts & demands
Unpaid debts and accounts, demand letters, breach of contract, and settlements.
When someone does not pay or does not do what was agreed, the matter usually starts with a demand and may end in a settlement or a case in court.
Civil litigation & collection
When someone fails to pay a debt or keep an agreement, the law provides ways to demand payment or performance. We handle these matters from the first demand letter through court proceedings and the enforcement of a judgment.
How we can help
- Demand letters for unpaid loans, accounts or obligations
- Small claims cases
- Collection of sum of money and damages cases
- Breach of contract and specific performance cases
- Defending clients who are being sued for collection
- Execution of judgments (enforcing a decision you won)
How it usually proceeds
- Demand. A formal written demand is usually the first step. It is generally needed to place the other party in delay.
- Barangay conciliation. If the parties live in the same city or municipality, the dispute usually goes through the barangay first.
- Filing in court. If no settlement is reached, the case is filed in the proper court. Small claims and summary cases follow faster rules.
- Judgment and execution. After a decision, the winning party may ask the court to enforce it.
What to bring
- Contract, promissory note or loan agreement
- Receipts, checks or proof of payment and delivery
- Statement of account showing the balance
- Demand letters sent or received
- Text messages, chats or emails about the debt
- Full name and address of the other party
Small claims: collecting money without a long trial
How small claims cases work, who can file, and what to expect.
Read more →Demand letters
A formal demand tells the other party exactly what is owed or must be done, and by when. A demand is generally needed to place the other party in delay (Art. 1169, Civil Code), and some cases, such as the ejectment of a tenant, ordinarily cannot be filed without a prior demand (Rule 70, Sec. 2, Rules of Court). Many matters are settled at this stage, without a case. We prepare demand letters, and help clients who received one decide how to respond.
How we can help
- Demand to pay a loan, an account or an unpaid price
- Demand to pay rent or to vacate
- Demand to perform or complete what was agreed (breach of contract)
- Demand for damages, for the return of property or a deposit, or to stop an act
- Written notice of a dishonored (bounced) check (B.P. 22)
- Replying to a demand letter you received
How it usually proceeds
- Review. We go over the facts and documents to confirm what may be demanded, and from whom.
- Letter. The demand states the obligation, the amount or act required, and a reasonable period to comply.
- Sending with proof. It is delivered in a way that proves receipt, such as personal delivery with a signed receiving copy, registered mail or courier. Proof of receipt matters if a case follows.
- Next steps. If the demand is not met, the matter may go to the barangay or to court, depending on the case.
What to bring
- Contract, promissory note or loan agreement
- Receipts, checks or proof of payment and delivery
- Statement of account showing the balance
- Demand letters sent or received
- Text messages, chats or emails about the debt
- Full name and address of the other party
Negotiations & settlements
Not every dispute needs a long court battle. A fair settlement can save time, money and relationships. We negotiate on behalf of clients and make sure any agreement is properly written and enforceable.
How we can help
- Negotiating with the other party or their lawyer
- Barangay conciliation (Katarungang Pambarangay)
- Court-annexed mediation and judicial dispute resolution
- SEnA conferences in labor matters
- Drafting compromise agreements and settlement documents
- Having a compromise approved by the court when a case is pending
How it usually proceeds
- Assessment. We look at your position and what a fair settlement could look like.
- Negotiation. We communicate with the other side on your behalf.
- Agreement. Any settlement is put in writing in clear terms.
- Approval. If a case is pending, the compromise may be submitted to the court for approval, which makes it enforceable like a judgment.
This page is general information about this field of practice. It is not legal advice, and the process in your case may differ.
Other practice areas
Online scams & cybercrimes
Online scams, unauthorized bank and e-wallet transfers, hacked accounts, online harassment and other cybercrimes.
→Land & property
Land titles, real estate contracts, ejectment, inheritance, expropriation and agrarian reform.
View all practice areas
All 7 fields of practice in one list.
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Consultations are by appointment at our Davao City office. 0917-823-0577 · office@tmlawph.com