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Reposes car

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1 Reposes car on Mon Jun 05, 2017 4:36 pm

just.ice


Arresto Menor
Hi there just wanted to ask if the reposes car can be buy bank what is the process and is it legal that the sheriff who got the car since they got the writ if replivin, get the car without the owners consent? I mean natutulog ung may ari, pero sbe ng kumuha since sa tatay daw Nka address ung property ng bahay at pumirma ang tatay ay pwede na daw kunin ung sasakyan kahit na ung nakapirma sa contract ng Toyota ay slang alam at natutulog nung kinuha ung sasakyan ? Wla bang nabreak na law? Mag 1 month na sa June 16 since na reposes ung sasakyan please answer po

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2 Re: Reposes car on Mon Jun 05, 2017 4:41 pm

Jadis

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Reclusion Perpetua
This section of Rule 60 is instructive:

Sec. 4. Duty of the sheriff. – Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same.

The Sheriff was just doing his job because he was following the order of the court as stated in the writ of replevin. The father of the debtor could be considered the agent.

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3 Re: Reposes car on Mon Jun 05, 2017 4:47 pm

just.ice


Arresto Menor
Yes po but what about the person who sign the contract , say the debtor without his knowledge they suddenly took the car, however sabe ng ucpb personel na ksma OK lang daw ho kahit Hindi na alam ng debtor kasi ng sign na ang father nya before, bale ang scenario ho is

Since late na si debtor ng bayad, nag punta ngayon sa permanent address ang collection agency, then dumiretso sila sa bahay na inuupahan ng debtor kung saan andun yung sasakyan. Bale ang nakausap ng ucpb personnel at nung sheriff eh ung girlfriend or live in partner lang tulog ung debtor, tapos wala in the presence ung tatay nung kumuha un. Is it legal ba?

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4 Re: Reposes car on Mon Jun 05, 2017 4:53 pm

Jadis

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Reclusion Perpetua
That person could be considered the agent of the debtor.

He can always contest the writ anyway but he will have to pay a bond double the amount of the replevin bond.

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5 Re: Reposes car on Mon Jun 05, 2017 4:56 pm

just.ice


Arresto Menor
have to pay a bond double the amount of the replevin bond. Pano po pongg ibig sabhin? I'm sorry kasi I was just representing my friends queries

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6 Re: Reposes car on Mon Jun 05, 2017 5:08 pm

Jadis

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Reclusion Perpetua
Before the bank's prayer for the issuance of a writ of replevin could be granted by the court, the bank was made to pay a bond in the amount of the debt.

Kung gusto niyang makuha yung sasakyan habang nagpapatuloy ang kaso, doblehin niya ang binayad ng bangko sa korte.

The Sheriff is just following the Order of the Court. The debtor cannot feign ignorance of this possibility. He defaulted. The bank has the right to take into its possession the property to preserve it either because it might just be the only property of the debtor that it could claim from, or because it will preserve the property before the sale on public auction if it is also subject of a chattel mortgage.

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7 Re: Reposes car on Mon Jun 05, 2017 5:10 pm

just.ice


Arresto Menor
Ay ganon ho ba paano daw malaman magkano binayad nila sa court!

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8 Re: Reposes car on Mon Jun 05, 2017 5:12 pm

Jadis

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Reclusion Perpetua
You could always check with the court where the writ of replevin came from. Better yet, you should go to a lawyer.

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9 Re: Reposes car on Mon Jun 05, 2017 5:14 pm

just.ice


Arresto Menor
OK po noted salamat sa advice

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