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

CPLR 52 Volume 1B Flashcards

1
Q

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

The following income is exempt from collection:

______ of the income from an exempt trust (The court may increase this to ______ )

A

90.00%…. 100%

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2
Q

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

The following income is exempt from collection:

______ of the earnings of the debtor within ______ prior or anytime after an income execution is delivered to the sheriff

A

90.00%…. 60 days

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3
Q

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

The following income is exempt from collection:

Payments for the ________ or ____________ stemming from a matrimonial action where such wife or child is the debtor is exempt

A

wife or child’s support

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4
Q

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

The following income is exempt from collection:

The pay and bounty of non-commissioned officers, musician or private in the armed forces or a land warrant, pension or other reward for services in the armed forces, a sword, horse, medal,emblem or device as a testimonial for services rendered, or uniform, arms or equipment used are all exempt…they can’t take the Purple Heart!

A

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

The following income is exempt from collection:

The pay and bounty of non-commissioned officers, musician or private in the armed forces or a land warrant, pension or other reward for services in the armed forces, a sword, horse, medal,emblem or device as a testimonial for services rendered, or uniform, arms or equipment used are all exempt…they can’t take the Purple Heart!

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5
Q

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

The following income is exempt from collection:

_______ of any money or debt due for the sale of milk produced on a farm by the debtor (MY BABY’S MILK MONEY!)

A

90.00%

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6
Q

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

The following income is exempt from collection:

_________ for the rental of real property or security towards the utilities for the judgment debtor’s residence are exempt… this includes a telegraph. These statutes are wild.

A

Security deposits

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7
Q

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

The following income is exempt from collection:

Any and all _________ and ________ accessions to the human body…Ex: Artificial limbs or teeth

A

medical and dental

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8
Q

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

The following income is exempt from collection:

Any guide dog, service dog or hearing dog along with a lifetime of _________

A

their food

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9
Q

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

The following income is exempt from collection:

Life insurance policies that have __________ are exempt

A

a cash value

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10
Q

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

Money in the NYS college tuition savings trust is exempt as follows:

  • _______ in an account in connection with a scholarship program
  • ______of the money of an account owned by the debtor who is a minor and sole beneficiary
  • Up to _________________ in a tuition savings account owned by any other judgment debtor
A

100.00%… 100%…… 10,000 Dollars

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11
Q

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

The following income is exempt from collection:

If a convicted person obtains funds awarded by judgment, the first ___________ of such funds shall not be subject to execution for the satisfaction of a money judgment

A

TEN PERCENT (10%)

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12
Q

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

The following income is exempt from collection:

Any statutorily exempt payments directly or electronically deposited into a judgment debtors account during the __________ period prior to a restraining notice sent to the bank, then ________ is exempt from the satisfaction of a money judgment

A

45 DAY…. 2500.00 dollars

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13
Q

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

The following income is exempt from collection:

Statutorily exempt funds include:

  1. Social Security for Retirement, Survivors or Disability
  2. SSI or Child Support
  3. Veterans Administration Benefits
  4. Public Assistance,Workers Comp, Unemployment
  5. Pensions, Railroad Retirement, Black Lung Benefits, and NEW COVID emergency relief funds (SEE BELOW)
A

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

The following income is exempt from collection:

Statutorily exempt funds include:

  1. Social Security for Retirement, Survivors or Disability
  2. SSI or Child Support
  3. Veterans Administration Benefits
  4. Public Assistance,Workers Comp, Unemployment
  5. Pensions, Railroad Retirement, Black Lung Benefits, and NEW COVID emergency relief funds (SEE BELOW)
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14
Q

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

Be mindful that dollar amounts of the exemptions can be adjusted at _______ intervals by the Superintendent of Financial services based on the CPI-Urban Consumers, if done this happens on _________

A

3 year…. April 1st

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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 income is exempt from collection:

NEW: Exemption for emergency relief funds.

Any payments to individuals, including:

  • tax refunds,
  • recovery rebates,
  • refundable tax credits, and
  • any advances of any tax credits,
    under the federal Families First Coronavirus Response Act (FFCRA), Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act), Consolidated Appropriations Act of 2021, and American Rescue Plan Act of 2021 (ARPA) are exempt from application to the satisfaction of a money judgment.

This exemption shall not apply:

  • (i) if the debt enforced is for child support, spousal support, maintenance, alimony, a distributive award in a matrimonial action, or restitution in a family offense proceeding, or
  • (ii) to that portion of any money judgment awarded on a claim that the emergency relief funds referenced herein are the rightful property of the judgment creditor.
A

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

The following income is exempt from collection:

NEW: Exemption for emergency relief funds.

Any payments to individuals, including:

  • tax refunds,
  • recovery rebates,
  • refundable tax credits, and
  • any advances of any tax credits,
    under the federal Families First Coronavirus Response Act (FFCRA), Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act), Consolidated Appropriations Act of 2021, and American Rescue Plan Act of 2021 (ARPA) are exempt from application to the satisfaction of a money judgment.

This exemption shall not apply:
- (i) if the debt enforced is for child support, spousal support, maintenance, alimony, a distributive award in a matrimonial action, or restitution in a family offense proceeding, or
- (ii) to that portion of any money judgment awarded on a claim that the emergency relief funds referenced herein are the rightful property of the judgment creditor.

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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)

Generally, nothing in this entire section limits the ability to ___________ a child support, spousal support, alimony or maintenance obligation

A

enforce

17
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

The following types of property are exempt if they are used as the principal residence of the judgment debtor and not exceeding the dollar values below:

  1. A lot of land with a dwelling thereon (typical home)
  2. Shares of stock in a cooperative apartment
  3. Units of a condominium apartment
  4. A mobile home
  • __________ dollars in value in Nassau, Suffolk, Five Boroughs, Westchester, Rockland and Putnam
  • __________ dollars in Dutchess, Albany, Columbia, Orange, Saratoga and Ulster
  • _________ dollars in all other counties of the state
A

150,000…….. 125,000 …. 75,000

18
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

  • However no homestead exemption shall be exempt from taxation or from sale for __________
  • The homestead exemption continues even after the owner’s death for the survivors until the _____________________ reaches majority or the death of the spouse
A

nonpayment of taxes……… youngest surviving child

19
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

(Bard) The homestead exemption ceases if the property ceases to be occupied as a residence by a person for whose benefit it may so continue, except for a period of up to __________ due to injury or destruction of the dwelling house.

A

one year

20
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

The exemption of the homestead is not void because the value of the property exceeds the above amounts dependent upon county, but the lien of a judgment attaches to the _______

A

surplus

21
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

Sale of homestead

(Bard) A judgment creditor can start a special proceeding in the _________ where the homestead is located to sell a homestead that exceeds the above values.

A

county

22
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

Sale of homestead

(Bard) The court may direct that the notice of petition be served upon any other person, and if it directs such a sale, the proceeds of the sale will be marshaled so that each person involved gets the amount that they deserve as close as possible

A

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

Sale of homestead

(Bard) The court may direct that the notice of petition be served upon any other person, and if it directs such a sale, the proceeds of the sale will be marshaled so that each person involved gets the amount that they deserve as close as possible

23
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

Sale of homestead

Money, not exceeding the values above, paid to a judgment debtor, as representing his interest in the proceeds, is exempt for __________ after the payment, (I really don’t understand the following clause) unless, before the expiration of the year, he acquires an exempt homestead, in which case, the exemption ceases with respect to so much of the money as was not expended for the purchase of that property; and the exemption of the property so acquired extends to every debt against which the property sold was exempt.

A

one year

24
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

Sale of homestead

(Bard) If a judgment debtor dies after their property has been sold or before they receive the proceeds of a sale, the court may direct that the proceeds of the sale be invested for the benefit of the debtor’s ___________ or other beneficiaries, or otherwise disposed of as justice requires.

A

heirs

25
Q

5206- Real Property Exempt from Application to the Satisfaction of Money Judgments

Sale of homestead

Land set aside for a family or private burying ground is exempt as long as it is actually used for that purpose and is not greater than____________ and has no structures built on it other than those to house the dead

A

one-fourth of an acre (.25)

26
Q

5207- Enforcement Involving the State+

None of the procedures for the enforcement of a money judgment are applicable to a judgment against ___________

A

the state

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

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