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    Provisions Section 41. Appointment of Receiver.: Estate

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    Martin Tongco Fontanilla
    The document discusses provisions related to appointing receivers and selling property to satisfy judgments. Section 41 allows courts to appoint receivers to manage a judgment obligor's property and forbid interference with nonexempt property. Section 42 permits receivers to sell a judgment obligor's interest in real estate, such as a mortgage, following the same process as a property sale upon execution. Section 43 addresses situations where a third party claims the judgment obligor's property or denies being indebted to them, allowing courts to authorize the judgment obligee to file a collection lawsuit against the third party on behalf of the obligor.

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    Provisions Section 41. Appointment of Receiver.: Estate

    Uploaded by

    Martin Tongco Fontanilla
    43 views2 pages
    The document discusses provisions related to appointing receivers and selling property to satisfy judgments. Section 41 allows courts to appoint receivers to manage a judgment obligor's property and forbid interference with nonexempt property. Section 42 permits receivers to sell a judgment obligor's interest in real estate, such as a mortgage, following the same process as a property sale upon execution. Section 43 addresses situations where a third party claims the judgment obligor's property or denies being indebted to them, allowing courts to authorize the judgment obligee to file a collection lawsuit against the third party on behalf of the obligor.

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    Sec 41-43 Fontanilla

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    The document discusses provisions related to appointing receivers and selling property to satisfy judgments. Section 41 allows courts to appoint receivers to manage a judgment obligor's property and forbid interference with nonexempt property. Section 42 permits receivers to sell a judgment obligor's interest in real estate, such as a mortgage, following the same process as a property sale upon execution. Section 43 addresses situations where a third party claims the judgment obligor's property or denies being indebted to them, allowing courts to authorize the judgment obligee to file a collection lawsuit against the third party on behalf of the obligor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views2 pages

    Provisions Section 41. Appointment of Receiver.: Estate

    Uploaded by

    Martin Tongco Fontanilla
    The document discusses provisions related to appointing receivers and selling property to satisfy judgments. Section 41 allows courts to appoint receivers to manage a judgment obligor's property and forbid interference with nonexempt property. Section 42 permits receivers to sell a judgment obligor's interest in real estate, such as a mortgage, following the same process as a property sale upon execution. Section 43 addresses situations where a third party claims the judgment obligor's property or denies being indebted to them, allowing courts to authorize the judgment obligee to file a collection lawsuit against the third party on behalf of the obligor.

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    PROVISIONS

    Section 41. Appointment of receiver. — The court may appoint a receiver


    of the property of the judgment obligor; and it may also forbid a transfer or
    other disposition of, or any interference with, the property of the judgment
    obligor not exempt from execution.

    Section 42. Sale of ascertainable interest of judgment obligor in real


    estate. — If it appears that the judgment obligor has an interest in real
    estate in the place in which proceedings are had, as mortgagor or
    mortgagee or other- wise, and his interest therein can be ascertained
    without controversy the receiver may be ordered to sell and convey such
    real estate or the interest of the obligor therein; and such sale shall be
    conducted in all respects in the same manner as is provided for the sale of
    real state upon execution, and the proceedings thereon shall be approved
    by the court before the execution of the deed.

    Section 43. Proceedings when indebtedness denied or another person


    claims the property. — If it appears that a person or corporation, alleged to
    have property of the judgment obligor or to be indebted to him, claims an
    interest in the property adverse to him or denied the debt, the court may
    authorize, by an order made to that effect, the judgment obligee to institute
    an action against such person or corporation for the recovery of such
    interest or debt, forbid a transfer or other disposition of such interest or
    debt within one hundred twenty (120) days from notice of the order, and
    may punish disobedience of such order as for contempt. Such order may
    be modified or vacated at any time by the court which issued it, or by the
    court in which the action is brought, upon such terms as may be just.

    REPORT

    S.41

    The court may appoint a receiver who is an officer of the court who will manage
    the property of the litigants pending litigation. This remedy is found under Rule 59
    on Receivership. The purpose of receivership is to preserve the property by placing
    it in the hands of the court to remove it from the control of a party because a party
    may dispose of the property.

    S42
    EXAMPLE: The obligor turns out to have an interest in real property as a
    mortgagee, or he has a right to redeem, or right to foreclose, or right to repurchase.
    The obligee can levy on these rights because these rights are property rights by
    themselves. This time, it is not the property which is sold but your interest.

    S43

    EXAMPLE: The obligee cannot find any property of the obligor. But there is a
    rumor that Pong owes the obligor a sum of money. Upon examination, Pong denies
    indebtedness. But the obligee believes that he has evidence that Pong owes the
    obligor money. In this case, the obligee can ask the court that he be allowed to file a
    collection case against Pong on behalf of the obligor.

    Q: Can the obligee considered as a real party in interest in this case?


    A: YES. The obligee is now considered as a representative party. Section 43 is an
    example of the phrase, “or a party authorized by law or these Rules…” under Rule 3,
    Section 3:

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