Practice question
An obligor dies before any levy on a final contractual money judgment. The creditor demands ordinary levy on estate assets as if Section 7(c)’s prior-levy condition had occurred. Which is sound?
- The prior-levy exception is not supplied; the applicable estate money-claim procedure must be observed.
- Death automatically counts as an actual levy.
- A future intended levy is always a completed levy.
- The creditor may disregard the estate process in every money judgment.
- The sheriff may invent a predeath levy date.
Legal references
- Rules of Court, Rule 39 Sections 1-4 and 7, execution categories and death of a party: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rules of Court, Rule 86 Section 5, money judgments against the decedent and claims procedure: https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html
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