I, _________________________________, Filipino, of legal age, __________, residing at _________________________________, after being sworn to in accordance with law, deposes and say:
- That I am the plaintiff above-entitled case;
- That a sufficient cause of actions exists against the defendant named therein;
- That this action is one of those specifically mentioned in Sec. 1 of Rule 2 of the Rules of Court, whereby a writ of preliminary attachment may lawfully issue, namely: “in an action against a party who has removed or deposed of his property, or is about to do so, with intent to defraud his creditors;”
- That there is no sufficient security for the claim sought to be enforced by the present action;
- That the amount due to the plaintiff in the above-entitled case is as much as the sum for which an order of attachment is proper.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ___________, 20____, in ___________, ___________, Philippines.
A writ of preliminary attachment is defined as a provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment that might be secured in the said action by the attaching creditor against the defendant.10 However, it should be resorted to only when necessary and as a last remedy because it exposes the debtor to humiliation and annoyance.