writ of execution cannot be served due to an extortionist sherrif

Dear Free Legal Advice:

I filed a BP 22 case against a mother and daughter swindling tandem. The case has been going on since 2005.

Recently, we were granted by the court a writ of execution. However unfortunately, I cannot serve this easily because everytime I ask the sherrif to look for a property, he asks 1,500 to 2,000 pesos. Nung pina-search ko yung sasakyan na nakita ko sa garahe ng respondent, the sherrif asked me 1,500 to check with the LTO. Sa QC-RTC lang kami so LTO is actually just a few steps away.

I am so sad dahil ni singko wala pa kaming nababawi sa swindlers, and here comes the sherrif who is just as corrupt.

What can I do? please give me some advice. Thank you so much and more power.

unfortunately, such is the truth about the legal practice. the sheriff is actually entitled to fees, but not that much

what you can do is to do the legwork yourself. ask the sheriff to issue a request letter.

you can even consider filing a letter with the court stating that you cannot afford the P1500 he asks for and offer that you will do the legwork. that may get him going or it may backfire though so consider at your own risk.

some people give a little now, and promise more if execution is successful.

Dear Atty:

Thank you so much for your suggestions. May I ask further:

1. With the writ of execution on my hand, can I present it for example to LTO, or Bureau of lands or whatever government institution where I will looking for properties without the sheriff's letter?

2. Since the sheriff is moving under the table, do you think he can write a letter of authorization? The amount of the checks im running for is around half a million and he is expecting a large percentage from that. Nakakalungkot kasi po, kumbaga hindi pa napipisa ang itlog, nagbibilang na siya ng sisiw.

Again , thank you and more power.

did you go about this by yourself? why is not your lawyer handling this for you.

yes, you can try to go to LTO, but I cannot guarantee if they will assist you. on the other hand, there may be employees there who will be willing to 'assist' you with looking up.

no harm in asking the sheriff to issue a letter. again, no guarantee whether he will do it.

I got my present lawyer "pro bono". When the writ of execution was issued, she said ako na daw ang makipag-meet sa sherrif because that's the end of the civil aspect. She will then concentrate on the criminal aspect. Siguro ayaw na niya akong tulungan sa writ of execution dahil ayaw niyang magmukhang interesado siya sa kung ano man ang makukuha ko.

But then, I'm having a hard time with this sherrif. Parang gusto ko na rin siyang isumbong for being so corrupt. Wala pa man kaming nahihila, yung bayad agad niya at bayad daw sa pulis na hihila (amounting to 10,000)ang dini-discuss niya. This is aside from the commission he gets daw when the item is auctioned. Ang sabi ko naman, "kuya maghinay-hinay ka, hindi pa nga natin nae-establish ang mga hihilahin natin" Grabe po talaga.

Before I tell this scenario to my lawyer, how do you think should she (my lawyer) help me? She's just 2 years into practice, baka po meron siyang nakaligtaan? Thank you so much Atty LLL.

she should talk to the sheriff to make the fees reasonable. 2 years into practice is a lot. many lawyers never actually practice in court. have faith in her; she got you this far.