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Legal Remedies: Injunctions and Receivership

The document summarizes four writs and processes available during pending legal actions: 1) Receivership allows the court to appoint an impartial person to preserve disputed property until the case's resolution. Requirements include an affidavit of threatened damage and a bond. 2) Replevin recovers possession of personal property. Requirements are an affidavit of ownership/entitlement and a bond double the property's value. 3) Preliminary injunction and support pendente lite preserve rights and provide support during litigation. Support applications must be verified and heard within 3 days.

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Herbert Shirov Tendido Securata
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77 views1 page

Legal Remedies: Injunctions and Receivership

The document summarizes four writs and processes available during pending legal actions: 1) Receivership allows the court to appoint an impartial person to preserve disputed property until the case's resolution. Requirements include an affidavit of threatened damage and a bond. 2) Replevin recovers possession of personal property. Requirements are an affidavit of ownership/entitlement and a bond double the property's value. 3) Preliminary injunction and support pendente lite preserve rights and provide support during litigation. Support applications must be verified and heard within 3 days.

Uploaded by

Herbert Shirov Tendido Securata
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

PPRR

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Preliminary Injunction
Receivership
Replevin
Support pendente lite

are writ and processes available during the pendency of an action to preserve and protect certain rights and interests
pending the result of the final judgment in the case.

RECEIVERSHIP
Who is a Receiver?
- person appointed by the court in behalf of all the parties to an action for the purpose of preserving the property involved in the
suit and to protect the rights of all the parties under the direction of the court.
- as a rule, a party to the case nor the clerk of court should not be appointed.
Note: no action maybe filed against the receiver without leave of court.
Note: Ex parte appointment of a receiver is no longer authorized, a hearing must be conducted for that purpose.
What Are The Requirements?
1. Affidavit that the applicant has interest in the property that is the subject of the litigation and there is an inevitable
damage to it thus, the court must appoint a receiver.
2. Bond in the amount fixed by the court, to cover all the damages by reason of the appointment of a receiver. The court
may require additional bond as further security.

RULE 60
REPLEVIN
What Is Its Purpose?
- to recover the possession of personal property.
What Are The Requirements?
1. Affidavit must allege that the applicant is the owner or entitled to possess the property, the description of the
property, the actual market value of the property, and the person and why he withheld the property from the applicant.
2. Bond the amount to be posted must double the value of the property as stated in the affidavit.

RULE 61
SUPPORT PENDENTE LITE
What Is Its Purpose?
To compel adverse party to provide support while action is pending in court.
No bond is required from the applicant.
The application must be verified and shall be set for hearing not more than three(3) days from the filing of the petition.

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