The affidavit provides testimony in support of an attachment order against a defendant. It states that the plaintiff has a valid cause of action against the defendant, who committed fraud in incurring the obligation and has begun disposing of assets to defraud creditors and render any judgment useless. The plaintiff asserts there is no other security for the claim and specifies the amount due.
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Affidavit For Attachment
The affidavit provides testimony in support of an attachment order against a defendant. It states that the plaintiff has a valid cause of action against the defendant, who committed fraud in incurring the obligation and has begun disposing of assets to defraud creditors and render any judgment useless. The plaintiff asserts there is no other security for the claim and specifies the amount due.
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(Affidavit for Attachment)
REPUBLIC OF THE PHILIPPINES)
Province of ____________________) S.S. City/Municipality of _____________) x-----------------------x
AFFIDAVIT OF ATTACHMENT
I, _____________, of legal age, Filipino, (single / married / widow), and a
resident of _____________, Philippines, hereby depose and state:
1. That I am the Plaintiff in the above-captioned case;
2. 3. That there is a valid and sufficient cause of action against the Defendant named therein; 4. 5. That this action is one of those specifically mentioned in Rule 57 of the Revised Rules of Court, whereby a writ of attachment may issue, to wit: This is an action against Defendant who was guilty of a fraud in incurring the obligation upon which the action is brought or in the performance thereof and that the defendant has already removed or disposed of some of his valuable properties and is still about to do so with respect to those remaining with intent to defraud his creditors including herein Plaintiff thereby rendering nugatory whatever money judgment this Honorable Court may render in the above-entitled case; 6. 7. That there is no other sufficient security for the claim sought to be enforced by this action; 8. 9. That the amount due to the Plaintiff is as much the sum for which an Order of Attachment is sought to be granted, above all legal counterclaim on the part of the Defendant. 10. IN WITNESS WHEREOF, I have hereunto set my hand, this _____________ at _____________, Philippines.
A Short View of the Laws Now Subsisting with Respect to the Powers of the East India Company
To Borrow Money under their Seal, and to Incur Debts in
the Course of their Trade, by the Purchase of Goods on
Credit, and by Freighting Ships or other Mercantile
Transactions