Employer (indivl in U.S.) has not paid me (in RP) for work agreed to via emails/chat (saved), &phone calls,?

Question

and already completed up to Aug.07. Since the actual work was done here in the Philippines, and only partial payments have been received via Western Union (have receipts) personally from him, WHERE IS THE JURISDICTION OF THIS POTENTIAL CASE?? And, do the 'agreements' in 'cyber-form ' make them legitimate? In other words, can I somehow make a case here in the Philippines since thats where the work was done? (going to the U.S., Arizona- is not possible). The 'employer' has not been answering emails, phone calls, etc. totally for one month now (obviously evading/avoiding). I've comfirned his true address/d.o.b./ and previous garnishment records from the last 2 years on file in public records online, so, there is a pattern. HAS THERE BEEN ESTABLISHED A PRECEDENT FOR 'ONLINE' TYPE DISPUTES ?? PLEASE DIRECT ME TO WHERE/HOW I CAN PRESSURE THIS PERSON TO PAY HIS RESPONSIBILITY.....IS THERE AN ORGANIZATION/GROUP/AGENCY/BUREAU/OMBUDSMAN OR SOME KIND OF VEHICLE THAT HELPS VICTIMS.?

Answer 1

You may be able to file suit in the Philippines and obtain a judgement if you can provide proof of service of the suit to the courts satisfaction. He will obviously fail to appear and you should win the case by what is termed a default judgement. THEN you can send the debt to the USA for collections. You can contract with a collection agency for a percentage of the outstanding debt or sell the debt outright to a collection agency. In either event, the debt will appear on his credit report and they will have approximately seven years to collect the debt, However, the statute of limitations may vary greatly as I am not aware of what the statute of limitations of the Philippines is. That limitation will be the guiding limit for the collection agency doing the collection of the debt. All the aforementioned information should be taken with the following caveat, my collection knowlege stems from years working collections and is limited to the regulations and laws in the USA. You should consult an attorney in the Philippines to ensure that you follow the laws of your country. I would think that UCC "uniform commercial code" applies to all international trade and should apply to your situation. You should also know that unless the debt exceeds US $300.00 most collection agencies you may contract with, will not pursue the debt in court. It can languish for years until it blocks him from obtaining a loan at some point in the future, and even if he does decide to pay the debt, they may decline him any loan he has applied for due to this debt being placed on his credit report and the lengths you had to go to collect it.
Additionally, you should ask the courts to establish the minimum interest rate of the debt at 10% per annum ie 10% interest per year unless you have a contract stipulating a higher interest rate.
Concerning another part of your question, econtracts such as electronic transmissions, email, fax etc. are indeed enforceable contracts under US law,..PHONE CALLS are NOT enforceable. Again, you should check with a Philippine attorney to see if emails and chat logs are applicable in your country.

Answer 2

File a case in the Philippines and summons must be serve to the employer in the US via mail in order that the court in the Philippines will have jurisdiction.