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    Legal Opinion

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    shel
    Mrs. Mary Flor B. Galvez received a legal opinion from Gianan Law Office regarding collecting a sum of money owed to her by her neighbor, Oliver T. Olmedo. The letter advises that Galvez can file a collection case against Olmedo for failing to pay the P10,000,000 debt that was due in October 2019. However, the law office recommends first sending a demand letter to remind Olmedo of his obligation and give him a chance to pay without going to trial. If Olmedo still refuses to pay after the demand letter, Galvez would have grounds to file a collection case in court and potentially attach his property to satisfy the debt.

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    Legal Opinion

    Uploaded by

    shel
    179 views3 pages
    Mrs. Mary Flor B. Galvez received a legal opinion from Gianan Law Office regarding collecting a sum of money owed to her by her neighbor, Oliver T. Olmedo. The letter advises that Galvez can file a collection case against Olmedo for failing to pay the P10,000,000 debt that was due in October 2019. However, the law office recommends first sending a demand letter to remind Olmedo of his obligation and give him a chance to pay without going to trial. If Olmedo still refuses to pay after the demand letter, Galvez would have grounds to file a collection case in court and potentially attach his property to satisfy the debt.

    Original Description:

    OPINION

    Original Title

    LEGAL OPINION

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    Mrs. Mary Flor B. Galvez received a legal opinion from Gianan Law Office regarding collecting a sum of money owed to her by her neighbor, Oliver T. Olmedo. The letter advises that Galvez can file a collection case against Olmedo for failing to pay the P10,000,000 debt that was due in October 2019. However, the law office recommends first sending a demand letter to remind Olmedo of his obligation and give him a chance to pay without going to trial. If Olmedo still refuses to pay after the demand letter, Galvez would have grounds to file a collection case in court and potentially attach his property to satisfy the debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    179 views3 pages

    Legal Opinion

    Uploaded by

    shel
    Mrs. Mary Flor B. Galvez received a legal opinion from Gianan Law Office regarding collecting a sum of money owed to her by her neighbor, Oliver T. Olmedo. The letter advises that Galvez can file a collection case against Olmedo for failing to pay the P10,000,000 debt that was due in October 2019. However, the law office recommends first sending a demand letter to remind Olmedo of his obligation and give him a chance to pay without going to trial. If Olmedo still refuses to pay after the demand letter, Galvez would have grounds to file a collection case in court and potentially attach his property to satisfy the debt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The document discusses the process and obligations involved in collecting a debt from a neighbor who has failed to pay.

    The debtor has the obligation to return the amount borrowed by the agreed upon date and is bound to pay an equal amount of the same kind and quality.

    The creditor should send a demand letter first to remind the debtor of their obligation and give them a chance to pay without going to trial.

    Gianan Law Office

    3rd Floor, The Fiat


    Lopez Jaena St., Jaro, Iloilo City
    Tel No. (033) 456-7786 Fax No. (033) 623-3342

    January 29, 2020

    MRS. MARY FLOR B. GALVEZ

    Blk 7 Lot 8, Narra St.

    Bakhaw, Mandurriao

    Re. Collection of a Sum of Money

    Dear MRS. GALVEZ:

    You requested legal opinion from our law firm regarding the

    collection of sum of money with damages you brought against Oliver

    T. Olmedo.

    You asked whether you can file an action against your neighbor

    which arose from his failure to settle its monetary obligation from you.

    Our answer is if a debtor fails to comply with his obligation, the

    creditor shall have the right to institute an action against him for the

    collection of his indebtedness. A creditor may only file an action for

    the collection of sum of money before the court when the debt is

    already due and demandable and there is failure of payment on the

    part of the debtor. But before resorting to filing a case, a demand

    letter is important. It will ensure that the debtor is reminded of his


    Gianan Law Office
    3rd Floor, The Fiat
    Lopez Jaena St., Jaro, Iloilo City
    Tel No. (033) 456-7786 Fax No. (033) 623-3342

    obligation and that he shall be given the chance to pay his debt

    without resorting to a full blown trial.

    You stated that your neighbor owes you P10,000,000.00, with a

    collateral of a 10 hectare agricultural land, last October 8, 2018 and

    with a written contract he promised to pay the full amount within

    October of 2019.

    The Civil Code of the Philippines states that a debtor has the

    obligation to return to the amount that he borrowed on the date and

    time that he and the creditor have agreed upon and is bound to pay

    to the creditor an equal amount of the same kind and quality. In some

    cases, where one or more of the grounds for preliminary attachment

    apply to the creditor, he may attach the debtor’s property by including

    an application for preliminary attachment when the creditor files

    action for collection of sum of money in court.

    As stated, an action against the debtor for collection of his

    indebtedness shall be filed in case he failed to comply with his

    obligations. However, a demand letter shall be filed first to ensure

    that he is reminded of his obligation and that he shall be given the

    chance to pay his debt.


    Gianan Law Office
    3rd Floor, The Fiat
    Lopez Jaena St., Jaro, Iloilo City
    Tel No. (033) 456-7786 Fax No. (033) 623-3342

    If you decided to continue with the litigation, I recommend that

    you secure all possible physical evidences that can be used. Also, try

    to look for possible witnesses to the incident.

    If you pursue with the action, I believe that you have an

    excellent chance of the case being decided in your favor. Should you

    decide to communicate or if you need further clarification on the

    matter, do not hesitate to contact us through the address and

    numbers above.

    Sincerely yours,

    ATTY. MERYSHEL S. GIANAN

    Legal Counsel

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