Practice question
A creditor wins a money judgment only against a partnership. At execution, the creditor discovers a partner’s personally owned car and seeks levy without that partner having been impleaded or heard on personal liability. Which is correct under Guy?
- Every partner’s car is automatically a judgment-debtor asset.
- A sheriff may add any suspected debtor to the judgment.
- A vehicle registry search supplies personal jurisdiction retroactively.
- The partnership judgment cannot simply be extended to that nonparty partner’s personal car.
- The creditor’s instruction replaces adjudication.
Legal references
- Guy v. Gacott, G.R. No. 206147, January 13, 2016, main decision, plaintiff submission and nonparty partner: https://lawphil.net/judjuris/juri2016/jan2016/gr_206147_2016.html
- 2019 Amendments to Civil Procedure, Rule 14 Section 23 and Rule 8 Section 12, current personal-jurisdiction framework: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.