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sum of money

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1 sum of money on Sat Apr 28, 2012 3:17 pm


Arresto Menor
Good PM Atty, my wife received a court decision for a sum of money case against her stating to pay an amount of P120t plus 12% annually starting from the year the case was filed until fully paid, plus atty and filing fee. There are no other statement in the decision with regards to the collection schemes and or sheriff matters. My wife have no properties in her name and we cannot pay yet the amount stated. What will be the next step we expect to received and what will we expect and do about it? My wife is a victim of direct selling products unable to get collections resorting to go lending with loan sharks to pay the business center transactions.unable to pay again the remaining half of the loan for a longer period resulting in filing a sum of money case against her.Please help us what to do

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2 Re: sum of money on Sat Apr 28, 2012 5:47 pm


Arresto Menor

after you receive the court decision, you may still have time to appeal your case to a higher court through extra-ordinary appeals through a special civil action on certiorari within 15 days.


"SEC. 23. Decision.—After the hearing, the court shall render
its decision on the same day, based on the facts established by the
evidence (Form 13-SCC). The decision shall immediately be entered
by the Clerk of Court in the court docket for civil cases and a copy
thereof forthwith served on the parties.
The decision shall be final and unappealable."

if the time for filing your appeal has lapsed, then the other party may file a motion for is then that the sherriff will ask your wife to pay for the amount...

it is up to the sherriff if he is gonna be strict or lenient with the collection, when he approaches you/your wife with the order of execution, tell him/her if you can avail of some kind of an installment plan, work it out with the sherriff...

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3 Re: sum of money on Mon Apr 30, 2012 9:45 am


Arresto Menor
ok thnks...

Would like to ask Atty., If we take a risk of ignoring the whole process what will be the consequencies on our side. We don't have any properties, just renting a house, we only have few appliances, we are just commuting going to our daily routine. We depend only on my salary my wife has no work. We as much as we can want to settle this unfortunate situation but truly we can't. We cannot just sacrifies the education of our children and family daily needs in exchange for it. It is just the same reason that we were not able to pay the complainant in the first place. we took the risk in not appearing the whole process during the hearing period. But we are not running Atty., please advice

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4 Re: sum of money on Thu May 03, 2012 12:04 pm


Arresto Menor
Thanx for the info Atty.

If the case is only against the wife... and she has no property in her name can the sheriff get properies of the husband?

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