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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » affidavit of preliminary attachment

affidavit of preliminary attachment

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1affidavit of preliminary attachment Empty affidavit of preliminary attachment Fri Sep 09, 2011 9:48 am

rachelle ramos


Arresto Menor

Good day! I have a couple of questions please:

1. Would it be possible to file an affidavit of preliminary attachment to a person's personal (movable) property in a small claims case to guarantee payment?

2. Will the sheriff secure the personal property before the decision or after the decision?

Thank you very much and best regards,
RRamos

2affidavit of preliminary attachment Empty Re: affidavit of preliminary attachment Fri Sep 09, 2011 9:05 pm

attyLLL


moderator

it's not listed as prohibited, so you can try. note the requirements for prelim attachment that you should prove prima facie fraud.

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3affidavit of preliminary attachment Empty Re: affidavit of preliminary attachment Mon Sep 12, 2011 8:59 am

yonP


Arresto Menor

Good morning,

Can I apply a preliminary attachment to a real estate when the accuse has elevated it to the RTC, and the MTC Judge has already ordered the transfer of document to the RTC? Today is the last day of the 15 days prescriptive period.

4affidavit of preliminary attachment Empty Re: affidavit of preliminary attachment Mon Sep 12, 2011 9:01 am

yonP


Arresto Menor

I already won the case, but I am afraid the accuse my dispose or transfer her property to others. Can I apply for the preliminary attachment when the case is now being transferred to RTC?

5affidavit of preliminary attachment Empty Re: affidavit of preliminary attachment Sat Sep 17, 2011 11:27 am

attyLLL


moderator

yes, you can file a motion

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6affidavit of preliminary attachment Empty Re: affidavit of preliminary attachment Mon Sep 19, 2011 11:31 pm

yonP


Arresto Menor

My case was elevated in the Regional Trial Court after I won the case in the MTC. Now, where will I file for writ of attachment? The last order from the MTC was that, all my records will be sent to RTC. The accuse filed a partial endowment or something. I am afraid that while the case is in RTC, the accuse can transfer her real estate to her children. She was divorced by her husband recently. So, I can attach her real estate share while the case is in RTC. Where will I address my motion.

7affidavit of preliminary attachment Empty Re: affidavit of preliminary attachment Sat Sep 24, 2011 12:45 am

attyLLL


moderator

the rTc, because it now has jurisdiction

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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » affidavit of preliminary attachment

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