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Letter Reply to Notice of Garnishment


c) Garnishment of debts and credits. — The officer may levy on debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. 

 The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery, except the lawful fees which shall be paid directly to the court. (Section 9(c), Rule 39, Rules of Court)




Sample 1:



MARIA DELA CRUZ

Sheriff IV 

RTC Quezon City, Branch 123

Hall of Justice Building,

Kalayaan Avenue, Quezon City


Sheriff:


This is in the reply to the Notice of Garnishment issued by your branch in Civil Case No. 222333 entitled "ABC Corporation v. Juan Lina," a copy of which was received by XYZ Bank on 20 October 2021.


Please be informed that defendant Juan Lina has an account with XYZ Bank which we are now holding in trust for in accordance with your Notice of Garnishment, subject to whatever prior liens or preferred rights XYZ Bank or third parties may have arising from earlier notices of garnishment or other instruments may have over such deposits.


Thank you.


   

Truly Yours,


ATTY. MACARIO JOSE 

Legal Officer 

XYZ Bank




Sample 2:



MARIA DELA CRUZ

Sheriff IV 

RTC Quezon City, Branch 123

Hall of Justice Building,

Kalayaan Avenue, Quezon City


Sheriff:


This is in reply to your Notice of Garnishment in Civil Case No. 222333 entitled "ABC Corporation v. Juan Lina," which we received on 21 October 2021.


Please be informed that, upon verification with our branches, the above-named defendant, as of the date of receipt of your Notice, does not maintain any deposit with HK Bank that can be garnished.


Thank you very much!


   

Truly Yours,


ATTY. MINDA REYES

Legal Officer 

HK Bank


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