If given to the sheriff for _______ and the sheriff
executes a decision concerning the copy of the writ
to the party (?) if the decision is for the def to pay
plaintiff a sum of money – sheriff will demand the
payment within 3 days upon service of the writ – if
one reason or another the def did not pay the
sheriff will look for prop of the def & if he finds one
he should levy on execution such prop
What do you mean by levy on execution? When the
prop is levy on execution it becomes a prop under
custodia legis & ________ that prop can no longer
be the subj of any kind of transaction and can only
be disposed of by the order of the court.
If the prop is a titled prop – the levy on exec ______
by registering the writ and cert of levy with the
register of deeds and _____ under the levy on exec
the sheriff should cause to give notice a public
auction for that levied prop specifying the date and
place of such public auction – that PA should be
published in the newspaper of gen circulation in the
place where the prop is situated & that notice of PA
is also posted in 3 conspicuous places in the
municipality or city where the prop is situated
On the ______ of the PA the sheriff will accept
______ from anyone including the judgment
creditor & the sheriff will award the same to the
highest bidder
The sheriff executes a sheriff cert of sale of the
subject prop & the cert of sale will be given to the
buyer
Ownership of ________ is the transfer to the final
auction by virtue of cert of sale bc it order the prop
in case it srved to the def has the right to redeem
the prop with a period of a year from the time of
the execution , the sheriff will now deliver the
money to the plaintiff or his lawyers and the lawyer
who receives it should imeddiately turn over the
money to his client if within the period of 1 yr from
execution the owner fails to exercise the right of
redemption the buyer of the auction should file a
motion of consolidation of ownership with the
proper rtc court – court issues an order from
surveilling the origin of the prop ______ the buyer
becomes the owner now-entitled possession. Those
are the ______ _____________
Supposed_________ the clerk is the official ______
letter executed by the sheriff the proceedings
undertaken and failure to look for prop of the
judgment debtor and so the decision will remain
unsatisfied. Can the def be _____ indebted____
On the other hand if the sheriff comes upon a prop
in which it owns by the def and the prop is in a
possession of a 3rd person and he tries to levy on
the prop but the 3rd person would not allow and
files a claim on the prop that is known as terceria –
it is a claim by a 3rd person of ownership of a prop
sought executed upon by a sheriff that is in
judgment or ________ if the judgment ____ may
file to the def to deliver the prop those actions
_________ the def is the owner and the judgment
declares the plaintiff in the ownership of the land &
requires def to surrender the land to the plaintiff
Sheriff will go to the def & serves upon him a writ of
execution and the sheriff will specify the date and
time for the delivery of the prop thru the writ- on
the day set the sheriff for the delivery the sheriff
will _______ together with the prop and declares
the delivery of the prop to the plaintiff and ordering
the def to respect the ownership of the plaintiff
over the prop
What happens if the def after that ceremony enters
upon the prop without the consent of the plaintiff?
Purpose Is re-occupy – indirect contempt of court
If the judgment requires the plaintiff to something if
he fails to perform that duty within the period
specified the sheriff will report the matter to the
court – court will grant the authority to the sheriff
to execute the deed of sale which shall be good for
all purposes