Practice question
A creditor sues a debtor to enforce a private payment obligation through an ordinary collection complaint. Counsel calls it a special proceeding solely because the evidence includes an unusual financial instrument. Which is best?
- Unusual evidence automatically makes a special proceeding
- Every debt suit establishes status only
- The adversarial enforcement claim is not transformed by unusual evidence; classify the remedy under Rule1 and its actual purpose
- All financial instruments create criminal actions
- The creditor may avoid all ordinary rules by changing the cover page
Legal references
- Rule1 Section3: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.