MCF No.

57
Motion to Discharge Writ of
Preliminary Attachment
Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

 METC/MTCC/MTC/MCTC
 RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
 Lifetime
IBP No.  Date/Chapter
 Compliance
MCL  Exemption No
E .
Other Compliances
Counsel for
 Plaintiff/
Petitioner
 Defendant/
Respondent
 Other

MOTION TO DISCHARGE
WRIT OF PRELIMINARY ATTACHMENT
UNDER RULE 57

________________________________________________________
(name)

moves to discharge the Writ of Preliminary Attachment dated

_________
(date) and states:

1. Pursuant to the Writ of Preliminary Attachment, the following

property/ies of defendant-movant/s was/were attached:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
(describe properties)

(Use additional sheets, as necessary)

2. Defendant-movant/s seek/s:
 complete discharge of the attachment.
 partial discharge of the attachment as to the following
property/ies:___________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
(describe properties)

(Use additional sheets, as necessary.)

3. Discharge is sought on the following ground/s:

 movant hereby posts a counter-bond in the form of:
 cash deposit in the amount of P_____________ under
O.R. No. ______ dated ____________. The official
receipt for the cash deposit is attached.
 surety bond in the amount of P_______________
issued by ______________ on ___________. The
surety bond is attached hereto.
 the Writ was improperly or irregularly issued or enforced.
Attached is a Judicial Affidavit in support of this allegation.
 the bond posted by the plaintiff is insufficient.
 the value of the attached properties exceeds the amount
sought to be recovered.

4. The defect in the issuance or enforcement of the Writ of

Preliminary Attachment has not been cured.

NOTICE OF HEARING

TO:
(Plaintiff-applicant/Counsel)

(Address)

You are notified that movant will submit the Motion to Discharge Writ of
Preliminary Attachment for the approval of the Court on ______________.
(date)

PROOF OF SERVICE
A copy of this Motion was served upon:
Person’s Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail

MOTION TO DISCHARGE INTERIM PROVISIONAL ORDER OF page 2 of 4

ATTACHMENT
 Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Party’s Counsel Name and Signature

ORDER

After a review of the Motion,  and comment, the Motion is

 granted.
 The counterbond by the movant is approved. The Writ of Preliminary Attachment
dated ______________ is discharged
 completely.
 partially as to the following property/ies: _________________________
_______________________________________________________.
The property attached or the proceeds of any sale thereof shall be delivered
to the movant.

 The Writ of Preliminary Attachment dated ______________ is discharged

because:
 the Writ was improperly or irregularly issued or enforced.
 the bond posted by the plaintiff is insufficient.
 the value of the attached property/ies exceeds the amount sought to be
recovered.

 denied.
 The counterbond posted by movant is defective or insufficient.
 The Writ was properly and regularly issued and enforced.
 Plaintiff is directed to post a sufficient bond in the amount of _______ within
fifteen (15) days from receipt of this Order.
 The value of the property/ies attached do/es not exceed the amount sought to be
recovered.

Judge Date

SPECIAL INSTRUCTIONS

DISCHARGE OF ATTACHMENT UPON GIVING COUNTER-BOND

The court shall, after due notice and hearing, order the discharge of the attachment if the movant
makes a cash deposit, or files a counter-bond executed to the attaching party with the clerk of the
court where the application is made, in an amount equal to that fixed by the court in the order of
attachment, exclusive of costs.

With respect to an attached particular property, the counter-bond shall be equal to the value of that
property as determined by the court. In either case, the cash deposit or the counter-bond shall
secure the payment of any judgment that the attaching party may recover in the action.

A notice of the deposit shall forthwith be served on the attaching party. Upon the discharge of an
attachment in accordance with the provisions of this section, the property attached, or the proceeds
of any sale thereof, shall be delivered to the party making the deposit or giving the counter-bond,
or to the person appearing on his behalf, the deposit or counter-bond aforesaid standing in place of
the property so released. Should such counter-bond for any reason be found to be or become
insufficient, and the party furnishing the same fail to file an additional counter-bond, the attaching
party may apply for a new order of attachment. (Rule 57.12)

MOTION TO DISCHARGE INTERIM PROVISIONAL ORDER OF page 3 of 4

ATTACHMENT
DISCHARGE OF ATTACHMENT ON OTHER GROUNDS
The party whose property has been ordered attached may file a motion with the court in which he
action is pending, before or after levy or even after the release of the attached property, for an
order to set aside or discharge the attachment on the ground that the same was improperly or
irregularly issued or enforced, or that the bond is insufficient. If the attachment is excessive, the
discharge shall be limited to the excess. If the motion be made on affidavits on the part of the
movant but not otherwise, the attaching party may oppose the motion by counter-affidavits or
other evidence in addition to that on which the attachment was made. After due notice and hearing,
the court shall order the setting aside or the corresponding discharge of the attachment if it appears
that it was improperly or irregularly issued or enforced, or that the bond is insufficient, or that the
attachment is excessive, and the defect is not cured forthwith. (Rule 57.13)

MOTION TO DISCHARGE INTERIM PROVISIONAL ORDER OF page 4 of 4

ATTACHMENT