Fake “Writ of Execution” Debt-Collection Scams in the Philippines: How to Verify and Respond

For general information only; not a substitute for legal advice. If you receive any legal-looking demand, consult a Philippine lawyer promptly.

1) The scam, at a glance

Fraudsters pose as court sheriffs, law firms, “legal departments,” or collection agents and send you a “Writ of Execution” (or screenshots thereof) via SMS, messaging apps, email, or social media. They threaten immediate seizure of property, bank garnishment, or even arrest unless you pay—often through e-wallets—today.

Red flags

Digital-only “writs” or blurry PDFs, often with mismatched fonts, wrong court names, and no branch.
Demands to pay by GCash/PayMaya/coins.ph to “hold” enforcement.
Threats of arrest for a civil debt. (Imprisonment for debt is unconstitutional: Const., Art. III, §20.)
Fake case numbers (e.g., formats that don’t match local court styles, missing year/branch).
“Sheriff” or “Atty.” who refuses to disclose full name, roll number, ID, or office landline.
References to agencies that do not issue writs (e.g., a police station, barangay, or private law office).

2) What a real writ of execution looks like

A writ of execution is a post-judgment, court-issued process. Key attributes:

Source: Issued by a court after judgment becomes final and executory (or is declared immediately executory), or by certain quasi-judicial bodies (e.g., NLRC, CTA, HLURB/HSAC) under their rules.
Form & contents (typical):
- Complete case title (e.g., AAA v. BBB), case number, court/branch, and city/province.
- Reference to a specific judgment: amount or relief to be executed.
- Directive to the sheriff to satisfy the judgment from the debtor’s property/credits.
- Judge’s signature (or authorized officer for quasi-judicial bodies), date, and official seal.
Service & enforcement:
- Implemented by a sheriff/process server—ordinarily in person, with sheriff’s return filed in court.
- No payment is made to the sheriff personally. Satisfaction of judgment occurs through court-supervised processes (levy, garnishment, auction) and official receipts.
Due process hallmarks: You (as defendant/respondent) would have received summons, pleadings, and a judgment well before any writ—unless you were declared in default in a real case (still traceable in court records).

If any of these elements are missing, be skeptical.

3) Quick verification checklist (do this before you respond)

Freeze: Do not pay. Do not share IDs, bank numbers, or OTPs.
Collect: Save screenshots, headers/metadata, phone numbers, and attachments.
Confirm identities:
- Lawyer: Check the Supreme Court Roll of Attorneys (ask for roll number and IBP chapter).
- Sheriff: Ask for full name, employee ID, court branch, and landline.
Confirm the case:
- Ask for complete case number and court/branch.
- Call the Office of the Clerk of Court (OCC) or branch using publicly listed numbers, or visit the courthouse.
- If they cite a quasi-judicial body (e.g., NLRC), call the concerned Regional Arbitration Branch/Commission Secretariat.
Examine the document:
- Look for the raised/dry seal (for hard copies), proper caption, judge’s signature, and date.
- Check whether the amounts match the dispositive portion of an actual judgment.
Cross-check service:
- Genuine sheriffs leave written notices and perform levies/garnishments with documentation; they don’t negotiate via chat apps.

4) Your rights and legal anchors

No imprisonment for debt (1987 Constitution, Art. III, §20). (Criminal liability, if any, must be based on a separate penal law—e.g., B.P. 22 for bouncing checks or estafa—and still requires proper prosecution, not private threats.)
Exempt property from execution (Rule 39, §13, Rules of Court), e.g., family home (subject to limits and exceptions), necessary clothing, tools of trade, support, some pensions/benefits, etc.
Data privacy rights under the Data Privacy Act (RA 10173): right to be informed, to object to unlawful processing, to damages for unauthorized disclosure/“shaming,” and to complain to the National Privacy Commission (NPC).
Unfair collection practices (especially by lending/financing companies) are restricted by SEC memoranda; banks and credit card issuers are subject to BSP consumer protection rules. Harassment, threats, or public shaming can trigger administrative sanctions and civil/criminal liability.

When scammers cross criminal lines

Depending on the facts, potential offenses under the Revised Penal Code (RPC) and special laws may include:

Falsification (Arts. 171/172, RPC) – forging court documents/seals/signatures.
Usurpation of authority (Art. 177, RPC) – pretending to be a public officer (e.g., sheriff).
Estafa (Art. 315, RPC) – obtaining money through deceit.
Grave threats/coercion (Arts. 282/286, RPC) – threatening injury to compel payment.
Cybercrime overlay (RA 10175) – if acts are done via ICT, penalties may be increased.
Violations of SEC/BSP rules (for regulated lenders/collectors), and DPA violations for doxxing/shaming.

5) How to respond—step by step

A. If you suspect it’s a scam

Do not pay.
Verify using the checklist in Section 3.
Send a short “verification-only” reply (optional; see template below) asking for court/branch, case number, and roll/employee IDs—no personal data. Many scammers drop off here.
Report:
- PNP Anti-Cybercrime Group (ACG) or local police station (for blotter/complaint).
- NBI Cybercrime Division (for investigation).
- NPC (if there’s shaming, contact harvesting, or data misuse).
- SEC Enforcement & Investor Protection Dept. (if a lending/financing/collection entity is involved).
- BSP Consumer Protection & Market Conduct (for bank/credit card collectors).
- NTC (for spam SMS; request number blocking).
Preserve evidence: Keep raw files, original message headers, audio call logs, and a written timeline. This materially helps investigators.

B. If the writ turns out to be real

Consult counsel immediately to review the judgment, writ, and sheriff’s return.
Consider remedies (as applicable to your facts and deadlines):
- Motion to quash the writ or motion for reconsideration/new trial/appeal (if timing allows).
- Supersedeas/stay or installment arrangements under court supervision.
- Invoke exemptions from execution (Rule 39, §13) and seek claim of exemptions.
- For bank garnishment: coordinate with counsel and your bank; some deposits/benefits are exempt by law.
Negotiate only through counsel or directly with the judgment creditor’s counsel, not with third-party “handlers.”
Never pay the sheriff personally; payments should be official (court-issued receipts) or through counsel to the judgment creditor with proper acknowledgments.

6) Document forensics: quick tells of a fake

Wrong anatomy: no case caption, missing “People/AAA vs. BBB”, or a generic “To whom it may concern.”
Seal/signature: pixelated or pasted images; judge’s name misspelled; no branch or a mismatched city.
Timing nonsense: writ date precedes the supposed judgment; or references to “pre-trial writ of execution.”
Numbers: round “penalties” (e.g., “₱50,000 sheriff fee today only”), administrative fines payable to private accounts.
Process errors: threats of arrest for failure to pay a civil debt; promises to “cancel the writ” upon GCash transfer.

7) Special note on debt collectors and lending apps

Regulated financing/lending companies may employ third-party collectors but cannot harass, threaten, or shame you.
Mass-message “contact list” shaming can violate the Data Privacy Act and SEC rules.
If you borrowed from a licensed lender, insist on official statements of account and lawyer-of-record details.
If the “collector” refuses to identify their company SEC registration and principal office, treat as high-risk.

8) Templates you can adapt

(a) Verification request to an alleged sheriff/collector

Good day. Kindly provide the following so our counsel can verify with the court: (1) complete case title and number, (2) court/branch and location, (3) date of judgment and date of writ, (4) judge’s name, and (5) your full name and official ID (court employee or law firm; BAR roll number for lawyers). We do not process payments to personal accounts or via e-wallets. Thank you.

(b) Letter/email to the court/OCC to verify (if a branch is named)

Subject: Verification of Alleged Writ of Execution – [Case No., Title] Dear [Clerk of Court/Branch], We received a copy/screenshot of a supposed Writ of Execution in [Case No./Title]. Please confirm whether such a case and writ exist in your docket, and whether [Name] is your assigned sheriff. Attached are the materials we received. Sincerely, [Name / Contact No.]

(c) Cease-and-desist to a harassing “collector”

We demand that you cease and desist from further unlawful collection, threats, and misrepresentation. Your conduct may constitute falsification, estafa, usurpation of authority, and data privacy violations. All communications are being preserved for PNP/NBI and regulatory complaints. Direct any legitimate legal correspondence to our counsel of record at [email].

9) Practical safeguarding tips

Whitelist/blacklist: Add verified court/branch landlines to your contacts; block numbers that spam threats.
Two-channel verification: If contacted by “Atty. X,” independently look up the law office number; don’t call back the number that messaged you.
Company procedures (for businesses): Route any “legal” notices to Legal/Compliance; maintain a Litigation Log and Service of Process Protocol.
Family education: Warn household members and helpers—scammers sometimes threaten “sheriff is outside your gate.”
Credit hygiene: Keep records of actual debts, billing disputes, and settlement agreements; unresolved disputes are magnets for social-engineering.

10) Where to complain (overview)

PNP Anti-Cybercrime Group / local police (criminal complaint/blotter).
NBI Cybercrime Division (investigation).
National Privacy Commission (privacy abuses, doxxing/shaming).
SEC Enforcement (against lending/financing companies and their collectors).
BSP Consumer Protection (for banks/credit card issuers/collectors).
NTC (spam SMS; number blocking).

Bring: your ID, full timeline, screenshots/files (unaltered), call logs/recordings (if lawful), and any proof of payment demanded.

11) Frequently asked questions

Q1: The message says “warrant of arrest” for unpaid credit card. Can that be real? For civil non-payment, no—there’s no arrest. Arrests come from criminal cases (e.g., estafa, B.P. 22) with proper information, warrant, and court process. A collector cannot “issue” a warrant.

Q2: They say they’ll seize my “family home” tomorrow. Execution against a family home is generally exempt subject to statutory limits and exceptions. Real sheriffs must observe Rule 39 procedures (levy, notice, publication) and court supervision—not same-day threats by text.

Q3: I ignored them; now they messaged my relatives. That can constitute privacy and unfair collection violations. Preserve evidence and complain to NPC and the relevant regulator (SEC/BSP).

Q4: Could I be liable for a real judgment I never knew about? It’s possible (e.g., service issues/default). That’s why independent verification with the court is critical. If real, counsel can seek relief from judgment or other remedies—but don’t pay scammers.

12) Bottom line

A genuine writ of execution is court-issued, traceable, and enforced by sheriffs through formal, documented procedures—not via chat apps or e-wallet collections.
Verify first, pay never (until legitimacy is established).
Use your constitutional, procedural, and data-privacy protections; report abusers; and get counsel quickly if anything checks out as real.