Pursuant to Section 9, Rule 39 of the Rules on Civil Procedure, the following are the steps to

implement a writ of execution for judgment of money:

 Three ways to enforce a judgment for money:

1. Immediate payment on demand;

2. Satisfaction by levy; and
3. Garnishment of debts and credits.

 Steps in executing a judgment for money:

1. The officer shall demand from the obligor the immediate payment of the full amount
stated in the judgment including the lawful fees in cash, certified check payable to the
judgment obligee or any other form of payment acceptable to him;

2. If the judgment obligor cannot pay all or part of the obligation in cash, certified check
or other mode of payment, the officer shall levy upon the properties of the judgment
obligor. The judgment obligor shall have the option to choose which property or part
thereof may be levied upon. If the judgment obligor does not exercise the option, the
officer shall first levy on the personal properties, if any, and then on the real properties if
the personal properties are insufficient to answer for the personal judgment but the sheriff
shall sell only so much of the property that is sufficient to satisfy the judgment and lawful
fees;

3. The officer may levy on the debts due the judgment debtor including bank deposits,
financial interests, royalties, commissions and other personal property not capable of
manual delivery in the possession or control of third parties. This is called garnishment.
(Sec. 9, Rule 39)

o Procedure in garnishment

1. A notice is served upon the third person or garnishee having in possession or

control of the credits in favor of the judgment obligor;

2. The garnishee shall make a written report to the court within 5 days from
service of notice of garnishment stating whether or not the judgment obligor has
sufficient funds to satisfy the judgment. If sufficient, the garnishee shall deliver
the amount in cash or certified check issued in the name of the judgment oblige
shall be delivered directly to the judgment obligee within 10 working days from
service of notice on garnishee;

3. The lawful fees shall be directly paid to the court;

4. If the amount is insufficient, the garnishee shall make a report as to the amount
he holds for the judgment creditor.
***PNB – BSP

Fees and kelan babayaran

Sheriff Marco Boco