Art 52 Number Side Deck Flashcards
5230- Executions+
An execution shall be returned to the clerk of the court from which it is issued or to the support collection unit within ___________ after its issuance
SIXTY (60) DAYS
5230- Executions+
NEW: If the applicable interest rate changes FROM 9% TO 2% FOR CONSUMER DEBT while an execution is ongoing, the judgment creditor shall issue an amended execution within _________ of the effective date of the chapter of the laws of two thousand twenty-one which amended this subdivision, effective as of the date of the rate change.
sixty (60) days
5231 Income execution +
There are some additional guidelines such as the fact that no money can be taken from your income if your weekly earnings do not exceed _____________ the hourly minimum wage and no amount shall be imposed in judgments arising from a medical debt action brought by a licensed hospital
30 times
5231 Income execution +
Within __________ after an income execution is delivered to the sheriff, the sheriff shall serve a copy of it upon the judgment debtor in the same manner as a Summons or by certified mail return receipt requested with an additional copy sent via regular______________
If an amended execution is issued because of the consumer debt interest change, the sheriff must serve a copy of the income execution within ____________ of receiving it.
TWENTY(20)DAYS ……. 1st class mail…….. forty-five 45 days
5231 Income execution +
- If the judgment debtor fails to make the required installment payments for a period of _________or if the sheriff is unable to serve the execution upon the debtor, then the sheriff will make secondary service upon the source of the judgment debtor’s income, usually their employer. Such employer is to withhold the required funds from the debtor (employee), and pay them over to the sheriff
- (Bard) A person who is served with an income execution must withhold money from the judgment debtor’s paycheck and pay it to the sheriff. If the person fails to do this, the judgment creditor can sue them for the unpaid installments. If the judgment debtor’s employment is terminated after the execution is served, the levy will be ineffective and the execution will be returned, unless the debtor is reinstated or re-employed within _________
TWENTY (20) DAYS …….90 days.
5231 Income execution +
The levy of an income execution served upon a municipal or public benefit corporation, or board of education, shall be effective _________ after such service.
fifteen (15) days
5231 Income execution +
If two or more income executions are issued against the same judgment debtor, the money will be distributed to the creditors in the order in which the executions were delivered____________
- If an amended execution is issued due to the consumer debt interest change, it will retain the priority of the ___________
- (Bard) An income execution that is returned unsatisfied because the debtor cannot be found can be delivered to the sheriff of any county in which the person or entity from whom the judgment debtor is receiving or will receive money has an office or place of business.
- The priority of an income execution delivered to a sheriff within ___________ after its return by each previous sheriff shall be determined by the time of delivery to the first sheriff.
to the officer enforcing them.
…………. original execution…….. twenty days
5231 Income execution +
- It shall be the duty of the sheriff from time to time and at least once every ____________ to account for and pay over monies collected pursuant to an execution served upon him
- Provided, however, that if a judgment creditor issues an amended execution because the applicable interest rate changes for consumer debt, any money collected in excess of the judgment amount shall be promptly returned to ______________
NINETY(90) DAYS……. the debtor.
5234- Distribution of Proceeds of Personal Property+
No distributions of proceeds shall be made until _____________ after service of the execution
FIFTEEN (15) DAYS
5234- Distribution of Proceeds of Personal Property+
If delivery, transfer, or payment to the judgment creditor is not completed within _________ after an order is filed, the judgment creditor who secured the order loses priority, unless otherwise specified in the order or in an extension order filed within ____________
60 days……….. 60 days.
**5236- Sale of Real Property
A list containing the name and address of the judgment debtor and every judgment creditor whose judgment was a lien on the real property shall be furnished upon the sheriff by the judgment creditor ______________ prior to the date fixed for sale and then the sheriff will serve upon all the other creditors on the list ______________ prior to the date fixed for sale
45 DAYS………. 30 DAYS
**5236- Sale of Real Property
Within ____________ after the sale the sheriff shall execute and deliver to the purchaser, proofs of publications, service and posting of the notice of sale, and a deed which shall convey the right, title and interest sold. Such proofs may be filed and recorded in the office of the clerk of the county where the property is located.
TEN(10)DAYS
5241- Income Execution for Support Enforcement
An employer served with an income execution shall commence deductions from income upon the debtor no later than the first pay period that occurs ___________ after service of the execution and shall remit payments to the creditor within _______________ of the debtor being paid
FOURTEEN (14) days….. SEVEN (7) business days
5241- Income Execution for Support Enforcement
A debtor can assert a “mistake of fact” (an error in the amount of support) within ________________ from the issuance of the execution by the Support collection unit. The agency then has ______________ to notify the debtor of its determination
FIFTEEN(15)DAYS………. FORTY-FIVE(45)DAYS
