Creditor Remedies Quiz

The following are the remedies of the creditor to pursue his claims against debtor, except:

• Pursue the property owned and in possession of the debtor.

• Exercise all the rights and bring all the actions of the debtor (accion subrogatoria).

• Impugn the acts which the debtor may have done to defraud his creditors (accion publiciana)

• Compel the debtor to perform the service in obligations to do.

D borrowed P50,000.00 from C. C dies before he has collected the debt leaving S, his son, as heir. Which one is the following statements is correct?

• S can collect D although D and C did not agree that the credit right will pass on the heirs of C.

• S cannot collect from C because the credit right is personal to C.

• S can collect only if D and C agreed that the credit right will pass on the heirs of C.

• S cannot collect because the law prohibits transmission of the credit rights.

The debtor shall make lose the right to make use of the period in the following cases, except when he:

• Becomes insolvent.

• Violates any undertaking in consideration of which the creditor agreed to the period.

• Attempts to abscond.

• Does not furnish any guaranty or security to the creditor.

A, 25 years old, B, 35 years old, and C, 17 years old, are solidary debtors of X in the amount of P9,000.00.

• X may collect from A P9,000.00.

• X may collect from A P6,000.00.

• X may collect from A P1,000.00.

• X may collect from nothing because the obligation is voidable, C being a minor.

The delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of performance is called:

• Payment by cession

• Dation in payment

• Application of payment

• Consignation

The money or currency which the debtor may compel the creditor to accept in payment of a debt, whether public or private, is known as:

• Notes to payable order.

• Legal tender.

• Bills of exchange.

• Mercantile document.

D owes C P5,000.00. T, a third person and without any intention to be reimbursed by D, paid the debt without the consent of D. C accepted payment.

• The payment did not extinguish the debt of D to C because it was made without the consent of D.

• The payment did not extinguish the debt because it was not made by D himself.

• The payment is considered valid because it was accepted by the creditor.

• The payment may be considered valid if T had the intention to be reimbursed.

D owes C P10,000.00 with G as guarantor. C, on the other hand, owes D, P8,000.00. Both debts are already due but C is insolvent. In this case-

• C may collect from G P10,000.00

• C may collect from G P2,000.00 because a guarantor can set up compensation as regards what the creditor owes the principal debtor.

• C may collect nothing from G because D is insolvent.

• C may collect P8,000.00 from G.

A mode of extinguishing obligations up to their concurrent amount when two persons are principal debtors and creditors of each other is called:

• Novation

• Payment

• Compensation

• Merger

D owes C P6,000.00. No date for payment was stipulated by the parties.

• C cannot require D to pay because there is no date for payment.

• C can require D to pay anytime.

• D is not liable to C because the obligation is void there being no date of payment.

• D is required to pay provided C goes to court and asks the court to fix a period for the payment.