CPLR 52 Volume 1A Flashcards
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
past due…….. yet to become due
5201- Debt or Property Subject to Enforcement
A money judgment can be enforced against any property which could be __________ or_____________
assigned or transferred
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__________
medical debt…….. hospital
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:
the corporation
5201- Debt or Property Subject to Enforcement
Proper garnishee (person who owes the debt) in certain situations:
For stock of association the garnishee is:
the president or treasurer
5201- Debt or Property Subject to Enforcement
Proper garnishee (person who owes the debt) in certain situations:
A decedent’s estate the garnishee is:
THE TEA
trustee, executor, or administrator
5201- Debt or Property Subject to Enforcement
Proper garnishee (person who owes the debt) in certain situations:
Interest in a partnership the garnishee is
any partner other than the debtor
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:
person holding the instrument
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
Rights…… before ….. after…. knowledge
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:
- Transfer or the payment of proceeds of a _______
- Transfer in satisfaction of a_________
- Transfer to a purchaser for value at a _________
- A judgment entered after the __________ of a judgment debtor
- When the judgment debtor is the _______
- When the debtor is _______ of a decedent and the action was against him in his representative capacity
TEN (10) YEARS… judicial sale.. mortgage……judicial sale….. death …. state….. representative
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
Enforcing ……. advertise
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.
thirty (30) days….. bankruptcy
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
undertaking
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):
- All stoves and home heating equipment and necessary fuel for _________
120 DAYS
**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):
- ______ sewing machine with its appurtenances
ONE
**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):
- The family bible, family pictures, school books, any other books not exceeding __________
500 DOLLARS
**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 ________ or _________ in a place of worship
seat or pew
**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):
- Domestic animals with the necessary food for 120 DAYS up to a value of __________
1000 DOLLARS…
Say goodbye to “Sparky” the pure breed, but keep the mutt
**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):
- Necessary food for your family for ________
120 DAYS
**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 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
ONE… ONE… ONE… ONE… ONE…
**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 __________
any value
**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 _________
1000 DOLLARS
**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):
- 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
3000 DOLLARS ….. 120 DAYS
**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):
- 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
$4000 DOLLARS …….. $10,000 DOLLARS
