Practice question
A collection agency drafts a document titled Alias Summons after court process is lost. No motion or judicial order for alias process exists. It claims its debt-collection mandate supplies the missing issuance authority. Which is correct?
- A private retainer automatically makes the agency the issuing court.
- A collection license necessarily appoints the agency as clerk.
- The agency can sign the instrument under its own corporate seal instead of judicial process.
- The amount of the debt determines who may privately issue summons.
- Private collection authority does not replace the court’s alias-summons procedure.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Spouses Agullo v. Victa-Espinosa, G.R. No. 269921, April 22, 2025, en banc main decision, prematurity not a Rule 9 motu proprio ground: https://lawphil.net/judjuris/juri2025/apr2025/gr_269921_2025.html
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