COMPLAINT


      COMES NOW the plaintiff, by the undersigned counsel, and unto this Honorable Court, respectfully alleges:

      1. That both the plaintiff and the defendant are of legal age and residents of _________________________;

      2. That ______________________ (state facts which constitute an action for the recovery of money on a cause of action arising from contract, etc.);

      3. That the defendant is about to remove or dispose of his property, with intent to defraud his creditors;

      4. That the plaintiff is willing to put up a bond for the issuance of a preliminary attachment in an amount to be fixed by the court, not exceeding the sum of P_______ which is the plaintiff's claim herein.

      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 defendant for the sum of P_________, with interest at the stipulated rate of ____% from _____________, plus costs of this suit.

      Mandaluyong City, ____________________, 2004.



Counsel for the Plaintiff

(Address, IBP No. and Roll No.)



AFFIDAVIT FOR PRELIMINARY ATTACHMENT


REPUBLIC OF THE PHILIPPINES  ) CITY OF MANDALUYONG           ) S.S.

      I, _________________, of legal age, single/married, and a resident of _________________, after having been duly sworn to according to law, hereby depose and say:

      That I am the plaintiff in the above-entitled case;

      That a sufficient cause of action is one of those specifically mentioned in Section 1 of Rule 57 of the Rules of Court, whereby a writ of preliminary attachment may issue, to wit__________________________;

      That there is no other sufficient security for the claim sought to be enforced by the present action;

      That the amount due to the plaintiff is as much the sum for which an order of attachment is sought to be granted, above all legal counterclaims on the part of the defendant.

      Mandaluhyong City, __________________, 2004.
Plaintiff/Counsel

JURAT

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