This case has been cited 1 times or more.
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2013-12-04 |
DEL CASTILLO, J. |
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| During execution proceedings, errors may be committed such that the rights of a party may be prejudiced, in which case corrective measures are called for. These may involve instances where 1) the [W]rit of [E]xecution varies the judgment; 2) there has been a change in the situation of the parties making execution inequitable or unjust; 3) execution is sought to be enforced against property exempt from execution; 4) it appears that the controversy has never been subject to the judgment of the court; 5) the terms of the judgment are not clear enough and there remains room for interpretation thereof; or 6) x x x the [W]rit of [E]xecution [was] improvidently issued, or x x x is defective in substance, or [was] issued against the wrong party, or x x x the judgment debt has been paid or otherwise satisfied, or the writ was issued without authority.[42] In such event, one of the corrective measures that may be taken is the quashing of the Writ of Execution.[43] | |||||