Affidavit For Preliminary Attachment

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Affidavit for Preliminary Attachment

(Caption and title of case)

AFFIDAVIT

REPUBLIC OF THE PHILIPPINES


PROVINCE OF _________________ SS
MUNICIPALITY OF_____________

I, __________________________________ , of legal age, single / married, and resident


of ____________________________________________ after being sworn in
accordance with law, depose and say:

1. That I am the plaintiff in the above – entitled case;

2. That on ______________________, 20__, defendant executed and signed the


following promissory note (see attached document), to wit:

“ I, _________________________________, hereby obligate myself to


pay ________________________________________________ the sum
of ___________________________________________ (P _____) on or
before ____________________, 20_____ .”

3. That a sufficient cause of action exists against the defendant named therein;

4. That the aforementioned obligation of defendant is now overdue and the said
defendant failed and refused to pay in part or in whole his obligation.

5. That this action is one of those specifically mention in Sec. 1 of Rule 57 of the
Rules of Court, whereby a writ for preliminary attachment may lawfully issue; namely:

___________state the nature of the suit__________________________________

___________please see below_________________________________________

Rule 57, Section 1. Grounds upon which attachment may issue.

At the commencement of the action or at any time before entry of


judgment, a plaintiff or any proper party may have the property of the
adverse party attached as security for the satisfaction of any judgment
that may be recovered in the following cases:

(a) In an action for the recovery of a specified amount of money or


damages, other than moral and exemplary, on a cause of action arising
from law, contract, quasi-contract, delict or quasi-delict against a party
who is about to depart from the Philippines which intent to defraud his
creditors;

(b) In an action for money or property embezzled or fraudulently


misapplied or converted to his own use by a public officer, or an officer of
a corporation, or an attorney, factor, broker agent, or clerk, in the course
of his employment as such, or by other person in a fiduciary capacity, or
for a willful violation of duty;
(c) In an action to recover the possession of property unjustly or
fraudulently taken, detained or converted, when the property, or any part
thereof, has been concealed, removed, or disposed of to prevent its being
found or taken by the applicant or an authorized person;

(d) In an action against a party who has been guilty of a fraud in


contracting the debt or incurring the obligation upon which the action is
brought, or in the performance thereof;

(e) In an action against a party who has removed or disposed of his


property, or is about to do so, with intent to defraud his creditors; or

(f) In an action against a party who does not reside and is not found in the
Philippines, or on whom summons may be served by publication.

6. That said defendant is about to leave the country with the intent to defraud his
creditors.

7. That there is no sufficient security for the claim sought to be enforced by this
action;

WHEREFORE, plaintiff prays that:

1. The defendant be ordered to pay the plaintiff the amount of


___________________________, (P ________) with ___ % interest per annum from the
date this complaint is filed.

2. A Writ of Attachment be immediately issued against property of defendant, as


security for the satisfaction of any judgement that may be recovered.

__________(place)________________ this ____day of _____________ , 20 ___.

__________________
(Plaintiff)

(JURAT)

SUBCRIBED AND SWORN to before me in the Province of La Union, Municipality of


Agoo, Philippines, this 7th day of July at 2007. Affiant having exhibited to me his
Community Tax Certificate No. 777-3333 issued on January 11, 2007 at Agoo, La Union.

ATTY _________________________________
Doc. No. 123 COMMISSION NO. _____________________
Page No. 69 NOTARY PUBLIC for AGOO, LA UNION
Book No. VII UNTIL DECEMBER 31, 2007
Series of 2007 OFFICE: 9 Cases Blvd. Brgy Sta Barbara, Agoo La Union
ROLL NO. 00001
IBP NO. 1234567 ; 01/07/07 ; LA UNION
PTR NO 1234567 ; 01/07/07 ; LA UNION
MCLE COMPLIANCE No. __________; July 7, 2007

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