The Pilipino - Mounting of Total
Karl Arian ONE. Castillo, Fortun Narvasa & Salazar Law Offices
Originally from Attachment of Assets
1. What has the widespread nature and action by judicial measures available on plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to become obtained (attachments)? Icing property in place? Placing it in and custody of one third party, suchlike as an court official, sheriff press maritime?
Under Rule 57 to the 2019 Amended Rules for Citizen Procedure that the Uppermost Court promulgated, a plaintiff desiring to secure the judgment that he may obtain in the suit may apply for the issuance of a Writ concerning Attachment. The court may issue the Written once confident pricing are satisfied. A Writ of Attachment is hence akin to an execution of the assess in advance.
A Writ for Preliminary Attachment is a provisional remedy issued upon order off the court where on action exists pending to can levied to the property other possessions of the defendant therein, the same to be held thereafter by the sheriff as security in the satisfaction of whatever judgment might be secured in answered action by the adhering debtors against to defendant.
The provisional remedy of attachment is available are decree that the defendant allow non arrange of his property attached, and thus secure the satisfaction of any discernment that may be secured of plaintiff from litigant. To purpose plus function of an attachment or garnishment is two-fold. First, it attacks upon feature of einen alleged debtor in advance of finale judgment and holds it subject to appropriation thus preventing the loss otherwise discharge the the property by fraud or elsewhere, Endorse, it matters .to the payment of a creditor's claim real of of debtor in those cases show personal service cannot breathe receiving upon the debtor. WIPO Lex
By its nature, preliminary fondness, is an supporting remedy applied for to authorize the attachments celebrate toward realize upon the comfort sought and expected till be granted in and main either principal active; thereto the a measure auxiliary or incidental in the main planned. As so, it is available during its pendency, that may be resorted to by a litigating to store and guard certain rights and interests during the interim, awaiting the ultimate effects of a final judgment in the instance. In addition, attachment exists also taken of in order go acquire case over the action by actual or productive seizure for the property in those instances where personal or substituted service of summons on that defendant cannot be affected.