CPLR Art 52 Volume 3

Question 1

5225- Payment or Delivery of Property of Judgment Debtor

Upon motion of the ___________ where it is shown that the debtor is in possession of certain property of which the creditor has an interest, the court can order certain property or money be handed over to satisfy the judgment

Answer 1

judgment creditor

Question 2

5225- Payment or Delivery of Property of Judgment Debtor

A special proceeding may be brought in the event such property is in the possession of a __________ and the filing of such will bring the person holding the property into the __________ of the court

Answer 2

third party ………. jurisdiction

Question 3

5225- Payment or Delivery of Property of Judgment Debtor

Notices of the motion to the debtor and the third party proceeding shall be served on the judgment debtor in the same manner as a _____________ or by _________ or ______________ return receipt requested.

Answer 3

Summons ………registered or certified mail,

Question 4

5226- Installment Payment Order

• The judgment debtor can be ordered to make _________________to the creditor in certain situations.
• Such payments must be _______________

Answer 4

installment payments ……….. affordable

Question 5

5227- Payment of Debts Owed to Judgment Debtor

The judgment creditor can bring a ____________ against any person indebted to the judgment debtor, and may require such person to pay to the judgment creditor the debt in an amount sufficient to satisfy the judgment

Answer 5

special proceeding

Question 6

5228- Receivers

The court may appoint a ____________ upon motion, who is authorized to administer, collect, improve, lease repair or sell any real or personal property in which the judgment debtor has an interest, to satisfy the judgment

Answer 6

RECEIVER

Question 7

5228- Receivers

If a receiver has been appointed, a court making an order directing payment, or delivery, of property shall direct that payment, or delivery, be made to the ___________ rather than to a sheriff.

Answer 7

receiver

Question 8

5228- Receivers

The receiver shall have no power to employ _____________ unless so authorized by order of the court

Answer 8

counsel

Question 9

5228- Receivers

***A receiver is entitled to necessary expenses or commission not to exceed ___________ of the sums received.

Answer 9

5%

Hint: envision the V in “receiver as the roman numeral for FIVE for 5%

Question 10

5229- Enforcement Before Judgment Entered

After verdict or decision but before a judgment is entered, the court can order a person to be examined or restrained with the same effect as a restraining notice ___________

Answer 10

after judgment

Question 11

5230- Executions+

An __________ must specify the date, court, amount, interest rate (also date new interest rate applies if Consumer debt), and parties involved in the judgment or order

Answer 11

execution

Question 12

5230- Executions+

An execution shall be returned to the clerk of the court from which it is issued or to the support collection unit within ___________ after its issuance

Answer 12

SIXTY (60) DAYS

Question 13

5230- Executions+

NEW: If the applicable interest rate changes FROM 9% TO 2% FOR CONSUMER DEBT while an execution is ongoing, the judgment creditor shall issue an amended execution within _________ of the effective date of the chapter of the laws of two thousand twenty-one which amended this subdivision, effective as of the date of the rate change.

Answer 13

sixty (60) days

Question 14

5231 Income execution +

An ________________ shall specify the name of the person or entity from whom the judgment debtor is receiving money, the amount of money, the frequency of its payments, and the amount of installments to be collected therefrom

Answer 14

income execution

Question 15

5231 Income execution +

• The execution must also notify the judgment debtor that they must start paying the installments to the sheriff immediately. If they don’t, the execution will be served on the person or entity from whom they are receiving or will receive money.
• (New) If a judgment creditor issues an amended execution because the applicable interest rate changes from 9% to 2% for consumer debt, the income execution need not mention ________________ to the sheriff or further execution.

Answer 15

immediate payment

Question 16

5231 Income execution +

Keep in mind the amount of income that can be taken from a person is limited to _______, as __________ of their income is exempt as we previously studied.

Answer 16

10%…. 90%

Question 17

5231 Income execution +

There are some additional guidelines such as the fact that no money can be taken from your income if your weekly earnings do not exceed _____________ the hourly minimum wage and no amount shall be imposed in judgments arising from a medical debt action brought by a licensed hospital

Answer 17

30 times

Question 18

5231 Income execution +

• Within __________ after an income execution is delivered to the sheriff, the sheriff shall serve a copy of it upon the judgment debtor in the same manner as a Summons or by certified mail return receipt requested with an additional copy sent via regular______________
• If an amended execution is issued because of the consumer debt interest change, the sheriff must serve a copy of the income execution within ____________ of receiving it.

Answer 18

TWENTY(20)DAYS ……. 1st class mail…….. forty-five 45 days

Question 19

5231 Income execution +

• If the judgment debtor fails to make the required installment payments for a period of _________or if the sheriff is unable to serve the execution upon the debtor, then the sheriff will make secondary service upon the source of the judgment debtor’s income, usually their employer. Such employer is to withhold the required funds from the debtor (employee), and pay them over to the sheriff
• (Bard) A person who is served with an income execution must withhold money from the judgment debtor’s paycheck and pay it to the sheriff. If the person fails to do this, the judgment creditor can sue them for the unpaid installments. If the judgment debtor’s employment is terminated after the execution is served, the levy will be ineffective and the execution will be returned, unless the debtor is reinstated or re-employed within _________

Answer 19

TWENTY (20) DAYS …….90 days.

Question 20

5231 Income execution +

Any income execution delivered to the sheriff on or after the effective date of this act shall contain information outlining the ____________ about such executions

Answer 20

basic laws

Question 21

5231 Income execution +

The levy of an income execution served upon a municipal or public benefit corporation, or board of education, shall be effective _________ after such service.

Answer 21

fifteen (15) days

Question 22

5231 Income execution +

Such executions for income, or for property, are issued by ______________, or __________ or __________ for the judgment creditor.

Answer 22

the court, clerk of the court, or the attorney

Question 23

5231 Income execution +

If two or more income executions are issued against the same judgment debtor, the money will be distributed to the creditors in the order in which the executions were delivered____________

• If an amended execution is issued due to the consumer debt interest change, it will retain the priority of the ___________
• (Bard) An income execution that is returned unsatisfied because the debtor cannot be found can be delivered to the sheriff of any county in which the person or entity from whom the judgment debtor is receiving or will receive money has an office or place of business.
• The priority of an income execution delivered to a sheriff within ___________ after its return by each previous sheriff shall be determined by the time of delivery to the first sheriff.

Answer 23

to the officer enforcing them.
…………. original execution…….. twenty days

Question 24

5231 Income execution +

• It shall be the duty of the sheriff from time to time and at least once every ____________ to account for and pay over monies collected pursuant to an execution served upon him
• Provided, however, that if a judgment creditor issues an amended execution because the applicable interest rate changes for consumer debt, any money collected in excess of the judgment amount shall be promptly returned to ______________

Answer 24

NINETY(90) DAYS……. the debtor.

Question 25

5232- Levy Upon Personal Property (AT)

• Levy may be by __________ (for property not capable of delivery), or
• Levy may be by seizure of ____________ capable of delivery.

Answer 25

execution……. personal property.

Question 26

5233- Sale of Personal Property

• There can be a sale of personal property by the sheriff at a public auction…“here ye here ye”.
• No sale may be made to that ___________ or ___________ or ___________

Answer 26

sheriff or to his deputy or undersheriff

Question 27

5233- Sale of Personal Property

• A printed notice of the time and date of the sale of such Personal Property shall be posted at least ___________ before the sale in ____________ public places.
• In the city of New York in lieu of posting, the notice may be advertised in the auction section of the morning newspaper with a circulation of at least ______________.

Answer 27

SIX (6) DAYS………THREE (3)…………. 300,000…………Try to remember it like this: 6-3-300,000

Question 28

5233- Sale of Personal Property

• If property seized by the sheriff is considered by him to be material which, by law, may not be sold, he shall apply to the court for a determination whether the property can legally be sold.
• Reasonable notice of such application shall also be given to the owner of such property.
• If the court decides the property may not be legally sold, it shall order appropriate disposition of the property which may include its ______________. (That’s nice, isn’t it? If I can’t have it, no one can.)

Answer 28

destruction

Question 29

5234- Distribution of Proceeds of Personal Property+

(Bard) After deduction of fees, expenses, and taxes, the proceeds of personal property or debt acquired by a receiver or a sheriff or other officer authorized to enforce the judgment will be distributed to the judgment creditor. Any excess will be paid over to the ___________________

Answer 29

judgment debtor.

Question 30

5234- Distribution of Proceeds of Personal Property+

When two or more executions or orders of attachment are received by the sheriff they shall be acted upon in the order they are ___________ with the exception of executions for __________ which take priority.

Answer 30

Received……….. child support

Question 31

5234- Distribution of Proceeds of Personal Property+

No distributions of proceeds shall be made until _____________ after service of the execution

Answer 31

FIFTEEN (15) DAYS

Question 32

5234- Distribution of Proceeds of Personal Property+

• If a court order is filed before property or debt is levied upon, the judgment creditor who secured the __________ has priority over other judgment creditors who levy on the property or debt.
• If two or more such orders affecting the same interest in personal property or debt are filed, the proceeds of the property or debt shall be applied in the _______________

Answer 32

Order…. order of filing.

Question 33

5234- Distribution of Proceeds of Personal Property+

If delivery, transfer, or payment to the judgment creditor is not completed within _________ after an order is filed, the judgment creditor who secured the order loses priority, unless otherwise specified in the order or in an extension order filed within ____________

Answer 33

60 days……….. 60 days.

Question 34

5235- Levy Upon Real Property+

• After expiration of ___________ after filing of the judgment roll, the sheriff shall levy upon any interest of the judgment debtor in real property by filing with the clerk of the county in which the property is located a notice of levy describing the judgment, the execution and the property.
• The clerk shall record and index the notice against the name of the judgment debtor, or against the property, in the same books, and in the same manner as a notice of the pendency of an action.

Answer 34

TEN (10)YEARS