Tuesday, February 17, 2015

How can I win a case without a lawyer?

It might sound too good to be true, but yes, you can win a case without a lawyer. 

1. File a small claims case. If you have a claim of up to Php 100,000 against another person, you can file a small claims case without a lawyer. Just fill out a form at the Municipal Trial Court and include all documents, affidavits, and other evidence. The claim is up to Php 100,000. If the actual claim is higher, you have to waive the rest.

2. Undergo katarungang pambarangay. If you have a dispute against other people who live in the same barangay as you do, you may be eligible to undergo katarungang pambarangay. Just file a complaint in your barangay hall. The barangay officials will summon you and the other party to solve the problem. There is conciliation and mediation. Lawyers are not allowed, unless they are the parties themselves or parents to the disputing parties.

3. Make an extrajudicial agreement. If all the parties agree to a certain decision, you do not need a lawyer to draft an agreement if the issue involved is not too complicated. For example, the heirs may decide among themselves how to settle the estate of a deceased person. This extrajudicial settlement of an estate can apply only if there are no debts, the heirs are all of legal age or all minors are legally represented, and they all agree on such settlement.

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