Practice question
A claimant knowingly files a plainly spurious ownership claim to disrupt execution. The creditor later seeks damages in the original or a separate action. The claimant says Section16 protects every claim regardless of fraud. Which preserved remedy answers?
- The express creditor damages remedy against a frivolous or plainly spurious claim
- Absolute claimant immunity
- Automatic imprisonment without adjudication
- A right to seize the claimant’s assets without process
- A conclusive merits victory for the creditor without proof
Legal references
- Rules of Court Rule39 relevant sections: https://lawphil.net/courts/rules/rc_1-71_civil.html Sections12 and16.
Answer this question in flashcards to review your response and continue practicing.