Can I sue someone who owes me money Philippines?

Asked by: Josefa Nikolaus  |  Last update: February 6, 2026
Score: 4.6/5 (28 votes)

Yes, you can sue someone who owes you money in the Philippines through a civil case for collection, often starting with a demand letter and potentially proceeding to Barangay conciliation and then court (like Small Claims for amounts up to PHP 1 Million), with options for mediation, though imprisonment for simple debt is prohibited. The process depends on the amount and if fraud (like a bounced check) is involved, which could lead to a criminal case like estafa.

What to do if someone doesn't pay you back in the Philippines?

But if it's like 40k pesos or below, to make it faster, you can bring the person who owes you money to the barangay (local government) where the debt happened. Use your office address as the address. File your complaint at the barangay that covers your area. You can file a case for estafa (fraud).

What is the minimum amount for small claims court in the Philippines?

Small Claims Court Minimum Amount Philippines

  • Minimum monetary threshold: None. ...
  • Maximum monetary threshold (jurisdictional ceiling): ₱1,000,000, exclusive of interest, damages, attorney's fees, litigation expenses, and costs, under the Rules on Expedited Procedures in the First-Level Courts (REPFLC), A.M. No.

Can I go to jail for small claims court in the Philippines?

The Philippine Constitution prohibits imprisonment for non-payment of purely civil debts, ensuring protection of individual liberty for civil obligations such as those adjudicated in small claims courts. Small claims judgments are enforced using civil remedies—writ of execution, garnishment, and levy—not imprisonment.

What is the legal action for unpaid debt in the Philippines?

In the Philippines, failure to pay debt is treated as a civil matter, not a criminal one, with the law prohibiting imprisonment for debt. Creditors can file civil cases known as “Collection for a Sum of Money” to recover the owed amount.

Pwede bang hindi siputin ang kasong Small Claims?

42 related questions found

Can you sue someone who owes you money without a contract in the Philippines?

Yes. In the Philippines, a creditor can sue a debtor for an unpaid loan even if there is no written contract, as long as the loan can be proven through admissible evidence. Philippine law generally does not require loans to be in writing to be valid.

Can someone go to jail for not paying loans in the Philippines?

Non- payment of debt is not a criminal offense. 👉 Under the Philippine Constitution (Article III, Section 20), “No person shall be imprisoned for debt.” 👉 However, this doesn't mean you can simply ignore your obligations.

Can you sue someone who owes you money without a contract?

Yes, you can sue someone who owes you money if you have clear proof of the debt and the amount falls within your state's small claims court limits. You'll need to file a complaint, serve the defendant, and present evidence in court.

How long can you legally be chased for a debt in the Philippines?

Key Takeaways. Credit card debt in the Philippines, being based on a written contract, typically prescribes in ten (10) years from the time the obligation becomes due and demandable (and the debtor defaults).

What happens if a defendant does not pay a judgment in the Philippines?

Contempt of Court

In some cases, the defendant's failure to comply with the court's judgment can lead to contempt of court charges. This is a serious legal consequence where the court can impose fines or even jail time on the defendant for willfully disobeying the court's orders.

Do I need a lawyer for small claims court in the Philippines?

Gather everything before filing. Small Claims Court is faster and more accessible for claims below ₱1,000,000 (no lawyer required, simpler process). Barangay settlement is not optional in many cases. Skipping it may cause your complaint to be dismissed.

How much does it cost to open a case?

Filing fees: These can range from $50 to $300, varying by the court and case-type. Attorney fees: Often ranging from $300 to over $800 per hour in California, depending on the complexity and expertise of the lawyer. Additional costs: Such as document filing, court transcripts, and administrative expenses.

What is the maximum I can sue for in small claims court?

Small claims court limits vary significantly by state, typically ranging from around $2,500 to $25,000, with higher limits often for individuals ($10,000-$12,500 in California/Oregon) and lower for businesses, designed for simpler, faster resolution of monetary disputes without lawyers. To find your specific limit, you need to check your state's judicial website (e.g., California's is $12,500 for individuals, Washington's is $10,000 for individuals). 

What to do if someone owes you money and isn't paying you back?

How to get money back from someone

  1. Step 1: Check you have proof. ...
  2. Step 2: Ask politely first. ...
  3. Step 3: Offer a payment plan (if needed) ...
  4. Step 4: Send written requests (if they ignore you) ...
  5. Step 5: Send a Letter Before Action (day 30-45) ...
  6. Step 6: File a small claims court claim (day 60+)

Can you leave the Philippines if you have debt?

In general, purely civil cases (e.g., unpaid credit card bills, personal loans without fraud) do not lead to travel bans. Philippine law does not allow a plaintiff in a simple collection suit to unilaterally bar someone from leaving the country.

What can you do if someone isn't paying you?

What to do when you haven't been paid

  1. 1 Review the terms of your contract. If you have a written contract, the first thing to do is to read it carefully. ...
  2. 2 Send a reminder. ...
  3. 3 Send a letter of demand. ...
  4. 4 Get help with dispute resolution. ...
  5. 5 Use a debt collection agency. ...
  6. 6 Take legal action.

Can you be sued for debt in the Philippines?

If a debtor fails to pay their debt, a creditor can file a lawsuit in court. The court will then assess the case, hear evidence from both sides, and issue a judgment. This judgment can then be enforced through various legal means, such as wage garnishment or the seizure of assets.

Can you be stopped at the airport for debt in the Philippines?

Short answer: No, you cannot be arrested at the airport merely for unpaid debts. The 1987 Constitution forbids imprisonment for debt.

Can I get an NBI clearance if I have an unpaid loan?

In conclusion, unpaid online loans generally do not affect an individual's NBI clearance in the Philippines. However, circumstances involving fraud, deceit, or criminal behavior associated with the loan can lead to criminal charges, potentially impacting the borrower's clearance status.

How can I prove someone owes me money?

If your debtor is an individual

This could be in the form of an overdue invoice or a contract outlining the payment terms. If your agreement was made verbally, don't lose hope. A written confirmation, such as a text message or an email simply expressing gratitude for the loan, can serve as powerful evidence.

How much does it usually cost to sue someone?

The cost to sue someone varies wildly, from a few hundred dollars for small claims (filing fees) to $10,000 - $100,000+ for complex civil cases, depending on lawyer fees, court costs, expert witnesses, and case duration, though many personal injury cases use contingency fees (you pay a percentage only if you win). Factors like case complexity, lawyer's experience, location, and whether you need experts heavily influence costs, with small claims being simpler and cheaper than full civil litigation. 

What to do when someone owes you money and ignores you?

  1. Send a Demand Letter.
  2. Can You Go to The Police If Someone Owes You Money?
  3. Using Empathy As a Way of Getting Paid Back.
  4. Ask For Repayment Directly.
  5. Offer a Payment Plan.
  6. Brainstorm Together Other Creative Ways to Get Paid Back.
  7. Think About Going to Mediation.
  8. When All Else Fails, Consider Going to Small Claims Court.

Can you sue someone for borrowing money and not returning it in the Philippines?

Legal Steps to Take When Someone Refuses to Pay Back a Loan in the Philippines. Recovering an unpaid loan in the Philippines is almost always a civil matter, not criminal, unless the borrower obtained the money through fraud or deceit (estafa) or issued a bouncing check (BP 22 or estafa under Art. 315(2)(d) RPC).

What is the case for not paying loan in the Philippines?

The most common legal action for unpaid debt is the filing of a collection of sum of money case. This is a civil action wherein the creditor, as the plaintiff, sues the debtor, as the defendant, to compel payment of the debt.

Can you go to jail for not paying internet bill in the Philippines?

Short answer. No—mere nonpayment of utility bills (electricity, water, internet/telecom, cable) is not a crime in the Philippines. The 1987 Constitution bars imprisonment for nonpayment of debt.