T. Execution, Satisfaction, and Effect of Judgments (Rule 39)

T. Execution, Satisfaction, and Effects of Judgments (Rule 39)

• As a Matter Right and as a Matter of Discretion – Sections 1-4
• By Motion or by Independent Action – Section 6
• Execution of Money Judgment – Section 9
• Execution of Judgments for Specific Act – Section 10
• Remedies When Property of Third Person is Levied – Section 16
• Examination of the Judgment Obligor – Sections 36-37
• Effect of Judgments or Final Orders – Section 47
• Effect of Foreign Judgments or Final Orders – Section 48

> RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS Section 1. Execution upon judgments or final orders. – Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. (1a) If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party. The appellate court may, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution. (As amended by Cir. No. 24-94.) Section 2. Discretionary execution. – (a) Execution of a judgment or final order pending appeal. – On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal. After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court. Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing. (b) Execution of several, separate or partial judgments. – A several, separate or partial judgment may be executed under the same terms and conditions as execution of a judgment or final order pending appeal. (2a) Section 3. Stay of discretionary execution. – Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against whom it is directed, conditioned upon the performance of the judgment or order allowed to be executed in case it shall be finally sustained in whole or in part. The bond thus given may be proceeded against on motion with notice to the surety. (3a) Section 4. Judgments not stayed by appeal. – Judgments in actions for injunction, receivership, accounting and support, and such other judgments as are now or may hereafter be declared to be immediately executory, shall be enforceable after their rendition and shall not be stayed by an appeal taken therefrom, unless otherwise ordered by the trial court. On appeal therefrom, the appellate court in its discretion may make an order suspending, modifying, restoring or granting the injunction, receivership, accounting, or award of support. The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the security or protection of the rights of the adverse party. (4a) Section 6. Execution by motion or by independent action. – A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations. (6a) Section 9. Execution of judgments for money, how enforced. – (a) Immediate payment on demand. – The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ. If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his possession within the same day to the clerk of court of the court that issued the writ, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality. The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made payable to him. (b) Satisfaction by levy. – If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. 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 judgment. The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon. When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment. (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. In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due; otherwise, the choice shall be made by the judgment obligee. The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. (8a, 15a) Section 10. Execution of judgments for specific act. – (a) Conveyance, delivery of deeds, or other specific acts; vesting title. – If a judgment directs a party to execute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform any other specific act in connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party. If real or personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due form of law. (10a) (b) Sale of real or personal property. – If the judgment be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment. (8[c]a) (c) Delivery or restitution of real property. – The officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property within three (3) working days, and restore possession thereof to the judgment obligee; otherwise, the officer shall oust all such persons therefrom with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession, and place the judgment obligee in possession of such property. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. (13a) (d) Removal of improvements on property subject of execution. – When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements except upon special order of the court, issued upon motion of the judgment obligee after due hearing and after the former has failed to remove the same within a reasonable time fixed by the court. (14a) (e) Delivery of personal property. – In judgments for the delivery of personal property, the officer shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided. (8a) Section 16. Proceedings where property claimed by third person. – If the property levied on is claimed by any person other than the judgment obligor or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied on. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond. The officer shall not be liable for damages for the taking or keeping of the property, to any third- party claimant if such bond is filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, or prevent the judgment obligee from claiming damages in the same or a separate action against a third-party claimant who filed a frivolous or plainly spurious claim. When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose. (17a) Section 36. Examination of judgment obligor when judgment unsatisfied. – When the return of a writ of execution issued against property of a judgment obligor, or any one of several obligors in the same judgment, shows that the judgment remains unsatisfied, in whole or in part, the judgment obligee, at any time after such return is made, shall be entitled to an order from the court which rendered the said judgment, requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it, at a specified time and place; and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment. But no judgment obligor shall be so required to appear before a court or commissioner outside the province or city in which such obligor resides or is found. (38a) Section 37. Examination of obligor of judgment obligor. – When the return of a writ of execution against the property of a judgment obligor shows that the judgment remains unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ, that a person, corporation, or other juridical entity has property of such judgment obligor or is indebted to him, the court may, by an order, require such person, corporation, or other juridical entity, or any officer or member thereof, to appear before the court or a commissioner appointed by it, at a time and place within the province or city where such debtor resides or is found, and be examined concerning the same. The service of the order shall bind all credits due the judgment obligor and all money and property of the judgment obligor in the possession or in the control of such person, corporation, or juridical entity from the time of service; and the court may also require notice of such proceedings to be given to any party to the action in such manner as it may deem proper. (39a) Section 47. Effect of judgments or final orders. – The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows: (a) In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or his relationship to another, the judgment or final order is conclusive upon the title to the thing, the will or administration, or the condition, status or relationship of the person; however, the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate; (b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity; and (c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. (49a) Section 48. Effect of foreign judgments or final orders. – The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows: (a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and (b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact. (50a)

Grounds for Quashing a Writ of Execution

• When the writ of execution varies the judgment;
• When there has been a change in the situation of the parties making the execution inequitable or unjust;
• When execution is sought to be enforced against property exempt from execution;
• When it appears that the controversy has never been submitted to the judgment of the court;
• When the terms of the judgment are not clear enough and there remains room for interpretation thereof;
• When it appears that the writ of execution has been improvidently issued;
• When it appears that the writ of execution is defective in substance, or is issued against the wrong party or that the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority.

You can also file a petition for certiorari under Rule 65 with prayer for TRO to restrain execution. (Albano, Remedial Law Reviewer)

A. Execution of a judgment or a final order pending appe

Requisites:

• Motion for execution filed by the prevailing party;
• Notice of the motion to adverse party; and
• Good reasons stated in a special order after due hearing. (Rule 39, Sec. 2)

On motion, WITH NOTICE to the adverse party, the prevailing party may apply for a writ of execution of judgment or final order pending appeal.

This must be done while trial court has jurisdiction over the case and is in possession of either the original record or record on appeal. The court may, in its discretion, order execution even before the expiration of the period for appeal.

After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed with the appellate court.

Note: Awards for MORAL and EXEMPLARY damages CANNOT be the subject of execution pending appeal. (International School, Inc. (Manila) v. CA, G.R. No. 131109, 1999) Unlike the actual damages for which the petitioners may clearly be held liable if they breach a specific contract and the amounts of which are fixed and certain, liabilities with respect to moral and exemplary damages as well as the exact amounts remain uncertain and indefinite pending resolution by the Intermediate Appellate Court (now CA) and eventually the Supreme Court. (Radio Communications v. Lantin, G.R. No. L59311, 1985)

Note: Execution pending appeal is NOT applicable in land registration proceedings.

Judgments NOT Stayed By Appeal

General Rule: Judgment is stayed by appeal. If so stayed, it is not yet executory.

Exceptions: Instances when judgments are immediately executory:

• Injunction;
• Receivership;
• Accounting;
• Support;
• Other judgments declared to be immediately executory as ordered by the trial court. (Rule 39, Sec. 4)

These exceptions shall be enforceable after their rendition and shall NOT be stayed by an appeal taken therefrom UNLESS otherwise ordered by the trial court.

On appeal therefrom, the appellate court in its discretion MAY make an order suspending, modifying, restoring or granting the injunction, receivership, accounting, or award of support. The stay of execution shall be upon such terms as may be considered proper for the security or protection of the rights of the adverse party.

Effect of Reversal of Executed Judgment

The trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. (Rule 39, Section 5)

Suspension of the Five (5) Year Period for Execution by Motion

While the general rule is that a judgment can no longer be affected by mere motion after five (5) years from the date of entry, delays in the execution of the judgment that are ATTRIBUTABLE TO THE DEBTOR has the effect of SUSPENDING the running of the prescriptive period for the enforcement of the judgment.

After levy or execution but before auction sale

The property actually sold may be sold for the satisfaction of the judgment obligation. (Rule 39, Sec. 7[c])

Satisfaction by levy

LEVY is an act by which an officer sets apart or appropriates a part of the whole property of the judgment debtor for purposes of the execution sale.

Levy is a pre-requisite to the auction sale. In order that an execution sale may be valid, there must be a previous valid levy. A sale not preceded by a valid levy is void and the purchaser acquires no title. (Valenzuela v. De Aguila, G.R. No. L-18083-83, 1963)

The officer shall levy upon properties of the judgment obligor not otherwise exempt from execution.

The judgment obligor exercises discretion to choose which property to levy and if not exercised; the officer shall levy first on personal property, then on real property.

The sheriff shall sell only property sufficient to satisfy the judgment and other lawful fees.

The levy on execution creates a lien in favor of the judgment obligee over the right, title, and interest of the judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing.

Delivery of personal property

The officer shall take possession of the same and forthwith deliver it to the party entitled to satisfy any judgment for money as therein provided. (Rule 39, Section 10)

If the party refuses to vacate the property, the Sheriff must oust the party. But if demolition is involved, there must be a special order.

A writ of execution directing the sheriff to cause the defendant to vacate is in the nature of a habere facias possessionem and authorizes the sheriff to break open the premises where there is no occupant therein. (Arcadio v. Ylagan, A.C. No. 2734, July 30, 1986)

When the party refuses to comply, the court can appoint some other person at the expense of the disobedient party and the act done shall have the same effect as if the disobedient party performed it.

Requisites:

• The judgment requires performance of any act other than payment of money, or the sale or delivery of real or personal property.
• A certified copy of the judgment shall be:
• Attached to the writ of execution; and
• Served by the office upon:
• Party against whom the judgment is rendered;
• Any other person required by the judgment or by law to obey the writ. (Rule 39, Sec. 11)

Failure to comply with special judgment under Rule 39, Section 11 is punishable by contempt by imprisonment. This is an exception to the rule that contempt is not a remedy to enforce a judgment.

Lifetime of the Writ of Execution

The writ shall continue in effect during the period within which the judgment may be enforced by motion. (Rule 39, Sec. 4) Thus, the writ is enforceable within the five (5) year period from entry of judgment.

NOTICE OF SALE of Property on Execution

If PERISHABLE property: By posting written notice of the time and place of the sale in three (3) public places, preferably in conspicuous areas of the municipal or city hall, post office and public market where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property.

OTHER PERSONAL property: By posting similar notice in three (3) public places above-mentioned for not less than five (5) days.

If REAL property: By posting for 20 days in three (3) public places particularly describing the property and stating where the property is to be sold, and if the assessed value of the property exceeds P50,000, by publishing a copy of the notice once a week for two (2) consecutive weeks in one (1) newspaper selected by raffle (whether in English, Filipino, or any major regional language published, edited and circulated or, in the absence thereof, having general circulation in the province or city).

In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days before the sale, except as provided in paragraph (a) where notice shall be given at any time before the sale. It shall specify the place, date and exact time of sale (between 9AM and 2PM). (Rule 39, Sec. 15)

Nature, Purpose, and Jurisdiction

SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED

Penalty for selling without notice, or removing or defacing notice

The following are liable for actual and punitive damages:

• An officer selling without the notice required under Section 15; and
• A person willfully removing or defacing the notice posted, if done before the sale, or before satisfaction of judgment if satisfied before the sale.

Actual and punitive damages may be recovered by motion in the same action. (Rule 39, Sec. 17)

No Sale if Judgment and Costs Paid

At any time before the sale of property on execution, the judgment obligor may prevent the sale by paying the amount required by the execution and the costs that have been incurred therein. (Rule 39, Sec. 18)

How property sold on execution; who may direct manner and order of sale

Sales of property under execution must be made:

• At public auction.
• To the highest bidder.
• To start at the exact time fixed in the notice.

After sufficient property has been sold to satisfy the execution, no more shall be sold and any excess shall be promptly delivered to the judgment obligor or his/her authorized representative, unless otherwise directed by the judgment or order of the court. (Rule 39, Sec. 19)

If Judgment Obligee is Purchaser

When the purchaser is the judgment obligee, and no third party claim has been filed, he/she need not pay the amount of the bid if it does not exceed the amount of his/her judgment. If it does, he/she shall pay only the excess. (Rule 39, Sec. 21)

Adjournment of Sale

With written consent of the judgment obligor and obligee or their duly authorized representatives: The officer may adjourn the sale to any date and time agreed upon by them.

Without such written consent: The officer may adjourn the sale from day to day if it becomes necessary to do so for lack of time. (Rule 39, Sec. 22)

Conveyance to Purchaser of Personal Property NOT Capable of Manual Delivery

When the purchaser pays the purchase price, the officer must execute and deliver a certificate of sale.

The certificate conveys to the purchaser all the rights which the judgment obligor had in the property as of the date of the levy on execution or preliminary attachment. (Rule 39, Sec. 24)

Note: The execution and delivery of a certificate of sale is mandatory for personal property not capable of manual delivery (unlike in conveyance of personal property capable of manual delivery). This constitutes symbolic delivery.

Who may redeem REAL property

• The JUDGMENT OBLIGOR; or his SUCCESSOR IN INTEREST in the whole or any part of the property;
• A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the lien under which the property was sold. Such redeeming creditor is termed a REDEMPTIONER. (Rule 39, Sec. 27)

Redemptioner:

• Within one (1) year from the date of registration of the certificate of sale if he/she is the first redemptioner; and
• Within 60 days from the last redemption, if he/she is a subsequent redemptioner. (Rule 39, Sec. 28)

Note: The periods for redemption are not extendible or interrupted. The parties may, however, agree on a longer period. In such case, it would be a conventional redemption. (Lazo v. Republic Surety & Insurance Co., G.R. No. 27365, 1970)

The judgment debtor has always one year from the registration of the certificate of sale within which to redeem, regardless of whether there have been any prior redemptions and the date of such redemptions; and the moment said judgment debtor redeems, there shall be no further redemption.

The redemptioner, on the other hand, must redeem within the one-year period, if he is the first redemptioner, and within 60 days from the last redemption, if he is a subsequent redemptioner, provided that the judgment debtor has not exercised his right of redemption. (Regalado, Remedial Law Compendium, Vol. I, Sixth Revised Edition, p. 457)

Proof of redemption required by redemptioner

A redemptioner must produce to the officer, or person from whom he/she seeks to redeem, and serve with his/her notice to the officer:

• A copy of the judgment or final order certified by the clerk of the court wherein the judgment or final order is entered; or,
• If he/she redeems upon a mortgage or other lien, a memorandum of the record thereof, certified by the registrar of deeds, or an original or certified copy of any assignment necessary to establish his/her claim; and
• An affidavit executed by him/her or his/her agent, showing the amount then actually due on the lien. (Rule 39, Sec. 30)

Manner of Using Premises Pending Redemption; Waste Restrained

Until the expiration of the time allowed for redemption, the court may, as in other proper cases, restrain the commission of waste on the property by injunction, on the application of the purchaser or the judgment obligee, with or without notice. (Rule 39, Sec. 31)

Rents, earnings and income of property pending redemption

All rents, earnings and income derived from the property pending redemption shall belong to the judgment obligor until the expiration of his/her period of redemption. (Rule 39, Sec. 31)

Deed and possession to be given at expiration of redemption period; by whom executed or given

• If NO redemption is made within one (1) year from the date of the registration of the certificate of sale - the purchaser is entitled to a conveyance and possession of the property.
• If redeemed whenever sixty (60) days have elapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired – the last redemptioner is entitled to the conveyance and possession.

In all cases the judgment obligor shall have the entire period of one (1) year from the date of the registration of the sale to redeem the property.

The deed shall be executed by:

• The officer making the sale; or
• His/her successor in office.

Recovery of price if sale not effective; revival of judgment

The purchaser may recover the purchase price if:

• The purchaser or his/her successor-in-interest, fails to recover the possession thereof; or
• Is evicted therefrom:
• In consequence of irregularities in the proceedings concerning the sale; or
• Because the judgment has been reversed or set aside; or
• Because the property sold was exempt from execution; or
• Because a third person has vindicated his/her claim to the property

The purchaser may:

• File a motion in the same action or in a separate action to recover from the judgment obligee the price paid, with interest, or so much thereof as has not been delivered to the judgment obligor, or
• File a motion to have the original judgment revived in his/her name for the whole price with interest, or so much thereof as has been delivered to the judgment obligor. (Rule 39, Sec. 34)

Note: The judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival and no more.

EXAMINATION OF JUDGMENT OBLIGOR WHEN JUDGMENT IS SATISFIED

Upon return of writ of execution, and judgment is still unsatisfied, the creditor may ask the court to require the debtor to appear and his/her property or income be examined. (Rule 39, Sec. 6)

EXAMINATION OF DEBTORS OF THE JUDGMENT OBLIGOR

The court may order to be examined any person or corporation who has property of the debtor, or is indebted to the debtor in order to bind the credits due to debtor. (Rule 39, Sec. 37)