Civ Pro Transcribe Rule 38-39.docx

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