Professional Documents
Culture Documents
If claimed by 3rd
AP files bond value of
person (3rd person
prop, or court will decide
submit affidavit w/
(claim for damages w/in 20
copy to sheriff and
days fr. bond
AP)
1 sale, proceeds
to AP Sheriff to
Attach by levy Prop <
2 sell some make
or garnishment judgment
more return
3 collect debts
Prop> All not applied,
Judgment for AP
judgment return to obligor
All Order of
Filing Judgment for
proceeds attachment
- defendant
delivered discharged
Complai
OR
nt itself Ord
or er Charge to
Service of summons prior
- Ex bond
or contemporaneous to
Separate parte Notice &
implementation of writ Makes Charge to
motion OR summary
(SS, app, complaint, Deposit surety
Motion If hearing
order, aff bond) OR Due notice-hearing-
Defendant judgment Applied to
Gives order discharge
for AP judgment,
Counter
Charge to excess refunded;
bond
deposit if judgment for
defendant,
refund all.
OR
Application for
-Maybe imposed by award
Appeal, Application
counter affidavit -w/ notice &
judgment may be heard
Discharge others (thru -must claim for hearing before
for & decided in
motion): 1. Attach improper; damages before trial Judgment for Award; or if appeal
Hearing defendant trial court.
2. Judgment for def; 3. Attach or appeal perfected defendant appealed becomes
excessive; 4. Property exempt or before judgment executory
executory w/ notice Appeal,
to AP & surety judgment
for AP
Preliminary Injunction
Deny MR/Rule 65
Summons + Summary hearing w/in OR
Single Sala Order
Notice of hearing 24 hrs (adversarial) Writ Executi
Verified complaint for PI. Grant Bond Return
Injunction on
Application based on 3
OR
grounds + bond. Filing
Deny
thru Executive Judge, motion Notice of raffle, must be Branch
Summons & summary OR
Multiple Sala for special raffle, in the presence of presiding Order
hearing (adversarial) Writ Executi Retur
summary hearing adverse judge Grant Bond
Injunction on n
Receivership
Replevin
Application, to deliver Affidavit + bond (2x value of PP. Start Order Sheriff shall serve Deliver to applicant w/in 5 Sheriff to make Trial, then
personal property PP. of 120 days to claim for damages. copy of order, and days return w/in 10 judgment
Period: from Damages also be for frivolous or take property OR days from taking
commencement before spurious claim (applicant or 3rd P File bond 2x the value of P; or
Before delivery, adverse may
answer claimant) If no bond, deliver to
require return
applicant
OR
Sherrif to deliver to applicant
if A files bond (approved by
Claim by 3rd party court) for 3rd party
Otherwise, no delivery to
applicant