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
5222- Restraining Notice+
- Leave of court is required to serve more than _____ restraining notice upon the same person with respect to the same judgment or order.
- A judgment creditor shall not serve more than ______ restraining notices per year upon a natural person’s bank account.
- 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.
One ……… TWO (2) ……… amended restraining notice
5222- Restraining Notice+
A notice to the judgment debtor should be mailed within __________ prior to the service of the restraining notice, but if it is not, it must be mailed by _________ mail or personally delivered __________ of the service of the restraining notice.
a year …..first class……… FOUR (4) DAYS
5222- Restraining Notice+
- Such notice must inform the debtor that certain money or property is exempt from the satisfaction of the judgment.
- The notice reads as follows:
- “YOU MAY BE ABLE TO GET YOUR MONEY BACK”
State and federal laws prevent certain money or property from being taken to satisfy judgments or orders. Such money or property is said to be “exempt”
- “YOU MAY BE ABLE TO GET YOUR MONEY BACK”
- Supplemental security income (SSI)
- Social Security
- Public assistance (welfare)
- Spousal Support,alimony or child support
- Unemployment benefits
- Disability benefits
- Workers compensation benefits
- Public or private pensions
- Veterans benefits
- 90% of your wages or salary earned in the last 60 days
- $2500.00 in a bank account containing statutorily exempt payments that were electronically deposited in the last 45 days
- Railroad Retirement
- Black lung benefits
- NEW COVID-19 stimulus relief for individuals and families with children.
- The notice goes on to say that if you think money was taken that was exempt funds you must act promptly, you may consult an attorney and get this “the clerk of the court may give you forms to help you prove your account contains exempt money that the creditor cannot collect”
5222- Restraining Notice+
Such notice must inform the debtor that certain money or property is exempt from the satisfaction of the judgment. The notice reads as follows:
“YOU MAY BE ABLE TO GET YOUR MONEY BACK”
State and federal laws prevent certain money or property from being taken to satisfy judgments or orders. Such money or property is said to be “exempt”
1. Supplemental security income (SSI)
2. Social Security
3. Public assistance (welfare)
4. Spousal Support,alimony or child support
5. Unemployment benefits
6. Disability benefits
7. Workers compensation benefits
8. Public or private pensions
9. Veterans benefits
10. 90% of your wages or salary earned in the last 60 days
11. $2500.00 in a bank account containing statutorily exempt payments that were electronically deposited in the last 45 days
12. Railroad Retirement
13. Black lung benefits
14. NEW COVID-19 stimulus relief for individuals and families with children.
The notice goes on to say that if you think money was taken that was exempt funds you must act promptly, you may consult an attorney and get this “the clerk of the court may give you forms to help you prove your account contains exempt money that the creditor cannot collect”
5222- Restraining Notice+
- (Bard) A restraining notice issued pursuant to this section will not apply to an amount equal to or less than the greater of ____________ times the federal minimum hourly wage or two hundred forty times the state minimum hourly wage as in effect at the time the earnings are payable, except for any amount that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
- Where a judgment debtor’s account contains an amount equal to or less than _______ percent of the greater of the above amounts the account shall not be restrained and the restraining notice shall be deemed void, except as to those funds that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
- Nothing in this subdivision shall alter the exempt status of funds which are exempt from execution under CPLR 5005.
two hundred forty………. ninety
5222a- Services of Notices and Forms+
- Within _________ after receipt of a restraining notice or execution, the banking institution shall serve upon the judgment debtor the copy of the restraining notice
- The judgment debtor should serve upon the bank an exemption claim to release the funds. The bank shall release the funds within ___________.
- If no claim of exemption is received by the banking institution within _____________, the funds remain subject to the restraining notice
TWO (2) BUSINESS DAYS……… EIGHT(8)DAYS……….. TWENTY-FIVE (25) DAYS
5222a- Services of Notices and Forms+
The judgment creditor may bring a motion _____________to object to the exemption claim.
on notice
5222a- Services of Notices and Forms+
- Once a bank receives a written objection, they will retain the funds claimed to be exempt for__________, then they shall release the funds unless ordered otherwise.
- A hearing to decide the motion shall be noticed for seven days after service of the motion, with a decision by the court to be rendered within _________. The burden of proof is upon the judgment creditor to prove the funds are not exempt.
- The judgment creditor or its attorney must serve the order on the banking institution and the judgment debtor no later than _____________ after the court issues the order.
twenty-one days………. five days……. two business days
5222a- Services of Notices and Forms+
If a judgment creditor objected to an exemption claim in bad faith, the judgment debtor shall be awarded costs and damages not to exceed __________ DOLLARS
1000.00 DOLLARS
5222a- Services of Notices and Forms+
The provisions of this section do not apply when the state of New York, or any of its agencies or municipal corporations is the judgment creditor, or if the debt enforced is for child support, spousal support, maintenance or alimony, provided that the restraining notice contains a legend at the top thereof, above the caption, in _________________ bold type with the following language: “The judgment creditor is the state of New York, or any of its agencies or municipal corporations, AND/OR the debt enforced is for child support, spousal support, maintenance or alimony.”.
sixteen point
