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FINANCE
Plaintiff,
-versus-
RICARDO
H.
DISCAYA,
MARIA V. DISCAYA & JOHN
DOE.
Defendants.
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COMPLAINT
Plaintiff, through the undersigned counsel, and unto this
Honorable Court, most respectfully avers as follows:
1.
Plaintiff, RADIOWEALTH FINANCE COMPANY, INC.,
a company engaged in consumer and retail lending by providing
accessible credit to livelihood projects and to micro-enterprise sector,
is a domestic corporation duly organized and existing under and by
virtue of the Philippine laws, having its principal office address at 7 th
Floor DMG Center, Domingo M. Guevara Street, Brgy. Highway Hills,
Mandaluyong City, represented by its Operations Support Services
Manager JEFFERSON B. DAVID. Copy of the Secretary Certificate is
hereto attached as Annex A, and is made an integral part hereof;
2.
Defendants are spouses RICARDO H. DISCAYA and
MARIA V. DISCAYA, Filipinos, of legal ages, and residents of Brgy.,
Sumulong, Calauag, Quezon, where they may be served with
summons and other processes of this Honorable Court;
3.
Defendant John Doe is an unknown person/s who may
be in actual possession or control of the vehicle which is the subject
matter of this action. The identity and other personal circumstances
of the defendant John Doe shall immediately be disclosed to this
Honorable Court the moment they are ascertained by the Plaintiff;
4.
Defendants obtained loan from the Plaintiff in the sum of
FIVE HUNDRED NINE THOUSAND FIVE HUNDRED TWENTY
PESOS (P509, 520).
For value received, they executed the
corresponding Promissory Note, and as security of the loan,
Defendants mortgaged to herein Plaintiff a motor vehicle specifically
described as follows:
MAKE
TYPE/YR. MODEL
MOTOR NO.
CHASSIS NO.
PLATE NO.
:
:
:
:
:
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that:
1. A Writ of Replevin be issued ordering the seizure of the
vehicle described under paragraph 4 of this Complaint and
directing the delivery to the Plaintiff for purposes of
foreclosure and/or disposal in accordance with law to
satisfy Defendants obligation to Plaintiff; and
2. After due hearing:
a) Confirm the said seizure and Plaintiffs right over the
subject personal property;
_______________________________
JEFFERSON B. DAVID
Affiant
:
:
:
:
:
3.
That, to the best of my knowledge and information, the
above-described property is being wrongfully detained by the
defendants when they failed and/or refused to surrender and deliver
the said property to the plaintiff for purposes of foreclosure. The said
property being mortgaged under the Promissory Note with the
Chattel Mortgage Contract. Annex B and C of the Complaint,
the terms and conditions of which defendants violated when they
defaulted in their payments, the Plaintiff is entitled to take possession
of the said property and foreclose the mortgage thereon;
4.
That, the said unit has not been taken for tax assessment
or fine pursuant to law or seizure under an execution or an
attachment against the property of the plaintiff nor under custodia
legis;
5.
The estimated actual value of the above-described motor
vehicle is ONE HUNDRED TWENTY THOUSAND PESOS (P120,
000).
_______________________________
JEFFERSON B. DAVID
Affiant