Practice question
A valid ex parte attachment order issues before summons. The sheriff proposes an ordinary levy against a resident defendant without prior or contemporaneous summons and required papers. No Section5 exception applies. Which is correct?
- The ex parte order eliminates all service safeguards
- The order is necessarily void merely because summons came later
- A creditor’s phone call substitutes for summons
- Levy conclusively determines jurisdiction for every purpose
- Issuance and enforcement are distinct; this levy must comply with Section5 service requirements
Legal references
- Rule57 Sections2 and5: https://lawphil.net/courts/rules/rc_1-71_civil.html
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