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affidavit of preliminary attachment

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1 affidavit of preliminary attachment on 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

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2 Re: affidavit of preliminary attachment on 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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3 Re: affidavit of preliminary attachment on 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.

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4 Re: affidavit of preliminary attachment on 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?

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

attyLLL


moderator
yes, you can file a motion


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6 Re: affidavit of preliminary attachment on 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.

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

attyLLL


moderator
the rTc, because it now has jurisdiction


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