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Preliminary Attachment

If claimed by 3rd
AP files bond value of
person (3rd person
prop, or court will decide
submit affidavit w/
(claim for damages w/in 20
copy to sheriff and
days fr. bond
AP)
1 sale, proceeds
to AP Sheriff to
Attach by levy Prop <
2 sell some make
or garnishment judgment
more return
3 collect debts
Prop> All not applied,
Judgment for AP
judgment return to obligor
All Order of
Filing Judgment for
proceeds attachment
- defendant
delivered discharged
Complai
OR
nt itself Ord
or er Charge to
Service of summons prior
- Ex bond
or contemporaneous to
Separate parte Notice &
implementation of writ Makes Charge to
motion OR summary
(SS, app, complaint, Deposit surety
Motion If hearing
order, aff bond) OR Due notice-hearing-
Defendant judgment Applied to
Gives order discharge
for AP judgment,
Counter
Charge to excess refunded;
bond
deposit if judgment for
defendant,
refund all.
OR
Application for
-Maybe imposed by award
Appeal, Application
counter affidavit -w/ notice &
judgment may be heard
Discharge others (thru -must claim for hearing before
for & decided in
motion): 1. Attach improper; damages before trial Judgment for Award; or if appeal
Hearing defendant trial court.
2. Judgment for def; 3. Attach or appeal perfected defendant appealed becomes
excessive; 4. Property exempt or before judgment executory
executory w/ notice Appeal,
to AP & surety judgment
for AP
Preliminary Injunction

Deny MR/Rule 65
Summons + Summary hearing w/in OR
Single Sala Order
Notice of hearing 24 hrs (adversarial) Writ Executi
Verified complaint for PI. Grant Bond Return
Injunction on
Application based on 3
OR
grounds + bond. Filing
Deny
thru Executive Judge, motion Notice of raffle, must be Branch
Summons & summary OR
Multiple Sala for special raffle, in the presence of presiding Order
hearing (adversarial) Writ Executi Retur
summary hearing adverse judge Grant Bond
Injunction on n

Adverse to show cause


20 days TRO Ex parte effective 20
why Injunction is
Grave irreparable injury days fr. service
improper
OR
Time & Damages Critical TRO Summons, notice of
72 hrs. TRO
SS PJ hearing, summary Extendible 20
Extreme urgency, grave
hearing, etc days, incl. the 72
injustice & irreparable
Raffle, summons, SH, hrs.
injury MS EJ
etc.

Receivership

Deny, ground: Adverse files


bond
OR
Verified application + Ord Discharge, ground: w/o
applicants bond er sufficient cause
OR
Appointment of Receivers sworn oath Duties of Due notice of termination, and payment of
Approve
receiver and bond receiver compensation

Replevin

Application, to deliver Affidavit + bond (2x value of PP. Start Order Sheriff shall serve Deliver to applicant w/in 5 Sheriff to make Trial, then
personal property PP. of 120 days to claim for damages. copy of order, and days return w/in 10 judgment
Period: from Damages also be for frivolous or take property OR days from taking
commencement before spurious claim (applicant or 3rd P File bond 2x the value of P; or
Before delivery, adverse may
answer claimant) If no bond, deliver to
require return
applicant
OR
Sherrif to deliver to applicant
if A files bond (approved by
Claim by 3rd party court) for 3rd party
Otherwise, no delivery to
applicant