Complaint with Prayer for Attachment
Republic of the Philippines
____________ Judicial Region
________________ TRIAL COURT
Branch _____, _____________, _____________
______________________,
Plaintiff,
-versus-
______________________,
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
Civil Case No ____________________
FOR: _____________________________
COMPLAINT
(With PRAYER FOR ATTACHMENT)
Plaintiff, by the undersigned counsel respectfully states that:
Plaintiff Juan tamad, of legal age, residing at 22 San Miguel St. Manila; while defendant Maria Makiling is of legal age, residing at 42 San Antonio St. Manila;
Defendant borrowed money from the plaintiff amounting to P100,000 and evidenced by a promissory note on December 4, 2009, herein attatched as Annex A;
The defendant is about to depart the Phiippines with intent to defraud her creditors;
There is no sufficient security for the claim sought to be recovered from the defendant in the instant action, and the amount due to plaintiff is as much as the sum for which the order of attachment may be granted above all legal counterclaims;
Plaintiff is willing to put up a bond for the issuance of the preliminary attachment in an amount fixed by court, which is not exceeding the amount of plaintiff’s claim;
WHEREFORE, it is respectfully prayed that, pending the hearing of the case, a writ of preliminary attachment be issued against the property of the defendant to serve as security for the satisfaction of any judgment that may be recovered herein, and after due hearing on the principal cause of this action, judgment be rendered against the defendantfor the sum of P100,000 with interest at the stipulated rate of twelve per centum per annum (12%) from January 20, 2010 plus cost of the suit.
City of Manila; March 3 2010.
(Sgd.) _____________________________
Counsel for Plaintiff