CPLR 52 Volume 2 Flashcards
5208- Enforcement After Death of Judgment Debtor
The surrogate’s court must approve the execution of any money judgments levied upon a judgment debtor who has died within _____________ after the death
Deeper: (A money judgment shall not be levied or enforced against a judgment debtor that has died without leave of the surrogate’s court which granted letters testamentary or letters of administration upon the estate.
If such letters have not been granted within ___________ after the death, leave to execute or enforce a judgment may be granted by any court which could execute or enforce such judgment)
EIGHTEEN (18) MONTHS……. EIGHTEEN (18) MONTHS`
5208- Enforcement After Death of Judgment Debtor
A judgment lien existing against real property at the time of the judgment debtor’s death shall expire _______ thereafter or ________ after filing the judgment roll whichever is later
TWO (2) YEARS……. TEN(10)YEARS
5209- Discharge of Garnishee’s Obligation
A garnishee can be discharged of their obligation by paying to the judgment creditor money or property in which the debtor has an interest or payment to the _______ directly
debtor
5210- Power of Court to Punish for Contempt
Courts enforcing money judgments have the power to punish for _______
contempt
5211- Privilege on Examination; Immunity
- The court may confer ______ upon any witness for testimony or evidence in an enforcement proceeding for the disposition of property where the judgment debtor has an interest.
- No immunity shall be conferred without __________ written notice to the district attorney
Immunity……… TWENTY FOUR (24) HOURS
5221- Where Enforcement Proceeding Commenced+
In general, if a judgment sought to be enforced was entered in a particular court and the respondent lives, works or conducts business within that __________ , then a special proceeding authorized by this article should be commenced in that court.
county
5221- Where Enforcement Proceeding Commenced+
Know this: if the judgment sought to be enforced is entered in any court of the state, then a special proceeding authorized by this article should be brought in the ___________ or __________ Court where the respondent lives, works or conducts business
Supreme or County
5221- Where Enforcement Proceeding Commenced+
If no court in which a special proceeding authorized by this article could be commenced is in session, the special proceeding may be commenced in the supreme court or a county court in __________ within the ____________ in which the proceeding could otherwise be commenced or in any county ________ the county in which the proceeding could otherwise be commenced.
any county ……… judicial district……… adjoining
5222- Restraining Notice+
A restraining notice is a notice to a person who can be the judgment debtor or obligor that ___________ a judgment debtor’s property or money is prohibited and can result in ________ and is in effect until the judgment or order is satisfied
Transferring ……..contempt of court
5222- Restraining Notice+
A restraining notice issued by the __________ or the __________ for the judgment creditor as officer of the court or it can be issued by the __________ with their original or a copy of their signature.
clerk of the court ……… attorney…….. support collection unit
5222- Restraining Notice+
A restraining notice may be served upon any person except the employer of a judgment debtor where the property sought to be restrained consists of wages or salary due or to become due (that would be an ______________)
income execution
5222- Restraining Notice+
A restraining notice is served in the same manner as a _________ or by __________ or _________ return receipt requested; however if issued by the support collection unit it may be served by ______ mail.
Summons …….. registered or certified mail …….. regular
5222- Restraining Notice+
A restraining notice shall specify:
- all of the parties to the action,
- the date that the judgment or order was entered,
- the court in which it was entered,
- the amount of the judgment or order and the amount then due thereon,
- the names of all parties in whose favor and against whom the judgment or order was entered,
- it shall state the effect of the restraint and shall state that disobedience is punishable as a contempt of court, and
- it shall contain an original signature or copy of the original signature of the clerk of the court or attorney or the name of the support collection unit which issued it.
5222- Restraining Notice+
A restraining notice shall specify all of the parties to the action, the date that the judgment or order was entered, the court in which it was entered, the amount of the judgment or order and the amount then due thereon, the names of all parties in whose favor and against whom the judgment or order was entered, it shall state the effect of the restraint and shall state that disobedience is punishable as a contempt of court, and it shall contain an original signature or copy of the original signature of the clerk of the court or attorney or the name of the support collection unit which issued it.
5222- Restraining Notice+
If the applicable interest rate changes pursuant to CPLR 5004 while a restraint is in effect (9% lowered to 2% for consumer debt transactions), the judgment creditor shall issue an __________ without leave of court.
amended restraining notice
5222- Restraining Notice+
Service of a restraining notice upon a department or agency of the state or upon an institution under its direction shall be made by serving a copy upon the head of the department, or the person designated by him or her and upon the state department of ______________ at its office in Albany. Service at the office of a department of the state in Albany may be made by the sheriff of any county by registered or _________ mail, ________ receipt requested, or if issued by the support collection unit, by ______________ mail.
audit and control …… certified……. return………. regular
