Practice question
A defendant dies during a pending action to recover money arising from contract, before entry of final judgment. The claim survives. The plaintiff insists the case must continue, while the heirs say death automatically requires dismissal. Which is correct under Rule 3 section 20?
- Every surviving contract action is dismissed automatically
- The heirs must personally pay every debt without estate limitations
- The action continues to final judgment with the proper substitution process, and a favorable judgment is enforced through the rules for claims against the estate
- The court may disregard the death and execute immediately against every heir’s personal assets
- The plaintiff must abandon the debt permanently
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 3, sections 2–3, 5, 7–11, 16 and 20, real parties, representatives, joinder and death of a party.
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