Monday, June 13, 2016

Filing a Civil Case Against Real Estate Scammers


Pyramid and investment scams are quite common in the real estate industry. Falling victim to these scams can be heartbreaking, but you can always do something about it. See to the following procedures in filing a civil case against real estate scammers:

Internal preparation of documents and evidence
Filing a civil case means you wish to recover the amount divested from you by the scammers. In order to file a successful claim, one must first gather all the important and pertinent documents involved. Produce official records, receipts, letters, email copies, everything that might help in proving your argument.

Determination of amount and charges
Once you have gathered your evidence, it is important to determine the exact amount you wish to claim from your scammer. Receipts and invoices are ideal for establishing liability, while documents and other letters may only have a limited persuasive effect. 

Filing a case with the appropriate office
In order to begin the judicial process, one must file a claim with the appropriate office. For cases where the swindled amount is less than PHP200,000, A.M. No. 08-8-7-SC, Rules of Procedure for Small Claims Cases, allows a claimant to recover the amount by accomplishing a form 1-SSC, along with the pertinent documents, and filing the same with the Municipal Trial Court within your locality. You will not need a lawyer for instances of small claims.  For cases involving amounts larger than PHP200,000.00, a civil suit to recover the amount divested from you will require the services of a lawyer to draft a complaint and appear for you in scheduled court hearings. 


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