This case has been cited 1 times or more.
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2004-12-09 |
TINGA, J, |
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| Section 16, Rule 39 of the Rules of Court provides that the moment a third party claim is filed, the sheriff is not bound to keep the property levied upon, unless the creditor insists that it should be continued, which may be done if such creditor files a bond sufficient to indemnify the sheriff for whatever damages he may be held liable should the third party succeed in vindicating his title in a proper action brought separately for the purpose. If the third-party claim is sufficient, the sheriff upon receiving it is not bound to proceed with the levy of the property, unless he is given by the judgment creditor or his agent an indemnity bond against the claim.[19] | |||||