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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR 52 Volume 1A > Flashcards

CPLR 52 Volume 1A Flashcards

1
Q

5201- Debt or Property Subject to Enforcement

A money judgment may be enforced against any debt, which is _______ or which is ______________ unless it is exempt from application to the satisfaction of the judgment

A

past due…….. yet to become due

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2
Q

5201- Debt or Property Subject to Enforcement

A money judgment can be enforced against any property which could be __________ or_____________

A

assigned or transferred

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3
Q

5201- Debt or Property Subject to Enforcement

(NEW) No property lien shall be entered or enforced against a debtor’s primary residence in an action arising from a ________ and brought by a licensed__________

A

medical debt…….. hospital

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4
Q

5201- Debt or Property Subject to Enforcement

Proper garnishee (person who owes the debt) in certain situations:

For stock of a corporation the garnishee is:

A

the corporation

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5
Q

5201- Debt or Property Subject to Enforcement

Proper garnishee (person who owes the debt) in certain situations:

For stock of association the garnishee is:

A

the president or treasurer

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6
Q

5201- Debt or Property Subject to Enforcement

Proper garnishee (person who owes the debt) in certain situations:

A decedent’s estate the garnishee is:

A

THE TEA
trustee, executor, or administrator

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7
Q

5201- Debt or Property Subject to Enforcement

Proper garnishee (person who owes the debt) in certain situations:

Interest in a partnership the garnishee is

A

any partner other than the debtor

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8
Q

5201- Debt or Property Subject to Enforcement

Proper garnishee (person who owes the debt) in certain situations:

Instrument for the payment of money the garnishee is:

A

person holding the instrument

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9
Q

5202- Judgment Creditors Rights in Personal Property+

  • When a judgment creditor delivers an execution to the sheriff, it gives such creditor _______ to property which is owned by the debtor.
  • The exception is if the property has been transferred to a person ______ it was levied upon or ______ it was levied upon without ________ of the levy
A

Rights…… before ….. after…. knowledge

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10
Q

5203- Priorities and Liens Upon Real Property

The docketing of a judgment is a lien upon real property. Such property cannot be transferred until ________ after filing of the judgment roll or the return of an execution except:

  1. Transfer or the payment of proceeds of a _______
  2. Transfer in satisfaction of a_________
  3. Transfer to a purchaser for value at a _________
  4. A judgment entered after the __________ of a judgment debtor
  5. When the judgment debtor is the _______
  6. When the debtor is _______ of a decedent and the action was against him in his representative capacity
A

TEN (10) YEARS… judicial sale.. mortgage……judicial sale….. death …. state….. representative

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11
Q

5203- Priorities and Liens Upon Real Property

Upon motion of the judgment creditor the court may order that a lien of a money judgment upon real property be extended after the expiration of the ten years from the filing of the judgment roll for a period no longer than the period the creditor was stayed from _________ the judgment or the time to ___________ for the sale of the real property

A

Enforcing ……. advertise

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12
Q

5203- Priorities and Liens Upon Real Property

(Bard) A judgment awarding ownership of an interest in real property shall be filed with the county clerk within ________ , but will be deemed to have been entered on the day before the determination was made solely for the purpose of establishing priority against a judicial lien created upon the filing of a ________ petition.

A

thirty (30) days….. bankruptcy

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13
Q

5204- Release of Lien or Levy Upon Appeal

The lien of a money judgment may be released upon the ground that the judgment debtor has given an _________ upon appeal sufficient to secure the judgment creditor

A

undertaking

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14
Q

j**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. All stoves and home heating equipment and necessary fuel for _________
A

120 DAYS

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15
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. ______ sewing machine with its appurtenances
A

ONE

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16
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. The family bible, family pictures, school books, any other books not exceeding __________
A

500 DOLLARS

17
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. A ________ or _________ in a place of worship
A

seat or pew

18
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. Domestic animals with the necessary food for 120 DAYS up to a value of __________
A

1000 DOLLARS…

Say goodbye to “Sparky” the pure breed, but keep the mutt

19
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. Necessary food for your family for ________
A

120 DAYS

20
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. All wearing apparel, household furniture, ______ mechanical, gas or electric refrigerator, ________ radio receiver, _______television set, New: _______computer and associated equipment. _______cellphone, crockery, tableware and cooking utensils that are necessary for the family and all prescribed health aids
A

ONE… ONE… ONE… ONE… ONE…

21
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

8 A wedding ring of __________

A

any value

22
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  • a watch, jewelry (besides wedding ring) and art, not exceeding _________
A

1000 DOLLARS

23
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. The necessary working tools for a mechanic or farm or team up to __________in value together with the necessary food for the team for ________ (as long as they are necessary to the carrying on of the judgment debtor’ profession or calling
A

3000 DOLLARS ….. 120 DAYS

24
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. ONE motor vehicle up to ________ above liens and loans unless the vehicle is used by a disabled judgment debtor, then ___________ above liens and loans (Ex:Van with wheelchair access). Interestingly, this exception of one vehicle being exempt does not apply if the debt enforced is for child support, spousal support, maintenance, alimony or equitable distribution or if the state of New York or any of its agencies is the judgment creditor
A

$4000 DOLLARS …….. $10,000 DOLLARS

25
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

  1. If no homestead exemption is claimed (CPLR5206),then ___________ in personal property, bank account or cash
A

$1000 DOLLARS

26
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)

(Bard) A cause of action to recover damages for taking or injuring exempt personal property is exempt from satisfaction of a money judgment, and the proceeds of the judgment are also exempt for ______

A

one year.

27
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

All property held in trust for a judgment debtor is exempt as long as the trust was created by a person ________ the judgment debtor

A

other than

28
Q

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

All Keogh or other Individual Retirement Accounts (IRA) and annuities etc. are exempt

A

**5205 - Personal Property Exempt from the Application to the Satisfaction of Money from Judgments (KNOW THIS - THEY WILL ASK)
The following personal property is exempt from the application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property (or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity):

All Keogh or other Individual Retirement Accounts (IRA) and annuities etc. are exempt

CPLR - FUTURE CLERK 2023: THE CLERKENING (58 decks)

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