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CPLR - FUTURE CLERK 2023: THE CLERKENING > CPLR Art 52 Volume 4 > Flashcards

CPLR Art 52 Volume 4 Flashcards

1
Q

**5236- Sale of Real Property

Between the ______________ and _______________ day (_________________) after the first publication of the notice of sale, the judgment debtor’s real property will be sold at a public auction

A

FIFTY-SIXTH ……….. SIXTY-THIRD……..(8th to 9th week)

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2
Q

**5236- Sale of Real Property

Such sale will take place in the ___________ where the property is located, unless situated in more than one county it could be sold in either ______________

A

County…… county

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3
Q

**5236- Sale of Real Property

No sale may be made to that _______________ or _______________ or _____________

A

sheriff or to his deputy or undersheriff

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4
Q

**5236- Sale of Real Property

Real property ___________ shall not be sold pursuant to an execution issued upon a judgment recovered for all or part of the mortgage debt.

A

mortgaged

Explanation: If a judgment is issued against you to recover debt from a mortgage on property, the mortgaged property cannot be sold to to recover the debt from the mortgage itself.

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5
Q

**5236- Sale of Real Property

A notice of the time and place of the sale containing a description of the property to be sold must be posted at least _____________ before the sale in ______________ public places

A

FIFTY-SIX (56)DAYS……. THREE (3)

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6
Q

**5236- Sale of Real Property

A list containing the name and address of the judgment debtor and every judgment creditor whose judgment was a lien on the real property shall be furnished upon the sheriff by the judgment creditor ______________ prior to the date fixed for sale and then the sheriff will serve upon all the other creditors on the list ______________ prior to the date fixed for sale

A

45 DAYS………. 30 DAYS

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7
Q

**5236- Sale of Real Property

  • A copy of the notice shall be published at least once in each of the _____________ periods of _______________ successive days, the first of which may be measured from any day between the ___________ and __________ days preceding the time fixed for the sale
A

FOUR ………… FOURTEEN……… 56th and 63rd

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8
Q

**5236- Sale of Real Property

Within ____________ after the sale the sheriff shall execute and deliver to the purchaser, proofs of publications, service and posting of the notice of sale, and a deed which shall convey the right, title and interest sold. Such proofs may be filed and recorded in the office of the clerk of the county where the property is located.

A

TEN(10)DAYS

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9
Q

**5236- Sale of Real Property

The creditors will be paid with the proceeds by priority and the excess will go to the ________

A

debtor

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10
Q
  1. Failure of title to property sold.

The purchaser of property sold by a sheriff pursuant to execution or order may recover the purchase money from the judgment creditors who received the proceeds if the property is recovered from such purchaser in consequence of an ______________ in the sale or a vacatur, reversal or setting aside of the judgment upon which the execution or order was based.

A

irregularity

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11
Q
  1. Failure of title to property sold.

If a judgment for the purchase money is so recovered against a judgment creditor in consequence of an _____________ in the sale, such judgment creditor may enforce his judgment as if no ______or______ had been made, and, for that purpose, he may move _____________ for an order restoring any lien or priority or amending any docket entry affected by the sale.

A

irregularity………….. levy or sale……. without notice

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12
Q
  1. Directions to the sheriff.
  • (Bard) If any party files a motion with the court, the court may order the sheriff to dispose of, account for, assign, return, or release all or any part of any property or debt, or the proceeds thereof, or to file additional returns subject to the payment of the sheriff’s fees and expenses.
  • If practicable, the court shall direct that notice of the motion be given to any other judgment creditors, at the addresses shown on the judgment docket and to any persons who have secured orders of _____________ affecting any property or debt, or the proceeds thereof, sought to be returned or released.
A

attachment

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13
Q
  1. Proceeding to determine adverse claims.
  • (Bard) Before property or debt is used to satisfy a judgment, anyone who has an ___________in the property or debt can start a_______________ against the judgment creditor or another person with whom there is a dispute to determine their rights in the property or debt.
  • (Bard) A notice of petition shall be served in the same manner as a _________________ upon the respondent, the sheriff or receiver, and such other person as the court directs.
  • The proceeding may be commenced in the county where the property was levied upon, or in a court or county specified in subdivision (a) of section 5221.
  • (Bard) The court may vacate the execution or order, void the levy, direct the disposition of the property or debt, or direct that damages be awarded.
  • (Bard) If there are any disputed questions of fact, the court will order a separate trial. The court will also decide who will have _____________ of the property pending a decision, and the _______________ , if any, that person will need to provide.
  • (Bard)If the court finds that a claim was _____________, the person who made the claim may have to pay the other parties involved in the case for their reasonable expenses, including attorney fees, and any other damages that they suffered because of the claim.
A

interest ………. special proceeding ……..notice of motion……undertaking….possession….fraudulent

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14
Q
  1. Modification or protective order; supervision of enforcement.

(Bard) The court may at any time, on its own initiative or the motion of any interested person, and upon such notice as it may require, make an order denying, limiting, conditioning, regulating, extending or modifying the use of any ________________ . Section 3104 is applicable to procedures under this article.

A

enforcement procedure

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15
Q

5241- Income Execution for Support Enforcement

  • An order of support means: Any temporary or final order, judgment, agreement or stipulation which directs the payment of alimony, maintenance, support or child support in a _____________ or _____________ court action
A

matrimonial or family

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16
Q

5241- Income Execution for Support Enforcement

Income includes: Earned, unearned, taxable, non taxable income, benefits, periodic or lump sum payments, including wages, salaries, commission, bonuses, workers compensation, disability benefits, unemployment, pension payments, social security benefits but NOT ______________________ and ___________________

A

Public assistance benefits and Supplemental security income (SSI)

17
Q

5241- Income Execution for Support Enforcement

“Date of withholding” means the date on which the income would otherwise have been ___________ or made available to the debtor were it not withheld by the employer or income payor.

A

paid

18
Q

5241- Income Execution for Support Enforcement

When a debtor is in default, an execution for support enforcement may be issued by the ____________ , or by the sheriff, the clerk of court or the attorney for the creditor as an officer of the court.

A

support collection unit

19
Q

5241- Income Execution for Support Enforcement

  • Where a debtor is receiving or will receive income, an execution for deductions therefrom sufficient to ensure compliance with the direction in the order of support, and shall include an additional amount to be applied to the reduction of _________ while remaining within statutory limits.
  • The issuer may amend the execution before or after service upon the employer or income payor to reflect additional _________ or ___________ made by the debtor.
A

Arrears …… arrears or payments

20
Q

5241- Income Execution for Support Enforcement

  • Where the court orders the debtor to provide ____________ , an execution for such may be issued by the Support collection unit, the sheriff, the clerk of the court, or the attorney for the creditor as an officer of the court
  • The execution may be amended to reflect a change in ____________
A

health insurance benefits…… employer.

21
Q

5241- Income Execution for Support Enforcement

An employer served with an income execution shall commence deductions from income upon the debtor no later than the first pay period that occurs ___________ after service of the execution and shall remit payments to the creditor within _______________ of the debtor being paid

A

FOURTEEN (14) days….. SEVEN (7) business days

22
Q

5241- Income Execution for Support Enforcement

A debtor can assert a “mistake of fact” (an error in the amount of support) within ________________ from the issuance of the execution by the Support collection unit. The agency then has ______________ to notify the debtor of its determination

A

FIFTEEN(15)DAYS………. FORTY-FIVE(45)DAYS

23
Q

5241- Income Execution for Support Enforcement

The non-compliance of an employer to make the required deductions as required by an income execution, can result in a civil penalty of ____________ dollars for the first instance, and ____________ per instance for second or subsequent instances

A

500.00 ………. 1000.00 dollars

24
Q

**5242- Income Deduction Order for Support Enforcement

  • Upon application of a creditor, for good cause shown, the court may enter an income deduction order for support enforcement
  • Proof of __________ establishes a prima facie case against the debtor, which can be overcome only by proof of the debtor’s inability to make the payments.
  • Unless the prima facie case is overcome, the court shall enter an income deduction order for support enforcement pursuant to this section.
A

default

25
Q

**5242- Income Deduction Order for Support Enforcement

If the debtor’s employment is terminated by resignation or dismissal at any time after service of the income deduction order, the order shall cease to have force and effect unless the debtor is reinstated or re-employed within ________ after such termination.

A

(90) days

26
Q

**5242- Income Deduction Order for Support Enforcement

***Where the debtor is currently supporting a spouse or dependent child, other than the creditor’s dependent child, the amount withheld shall not exceed _________ of the disposable earnings except if there are arrears that have accumulated more than ______________, then it shall not exceed ___________ of the disposable earnings

A

50.00%……….. 12 weeks…… 55%

27
Q

**5242- Income Deduction Order for Support Enforcement

***Where the debtor is not currently supporting a spouse or dependent child, other than the creditor’s dependent child, the amount withheld shall not exceed _______ of the disposable earnings except if there are arrears that have accumulated more than ___________, then it shall not exceed ________ of the disposable earnings

A

60%……… 12 weeks….. 65%

28
Q

**5242- Income Deduction Order for Support Enforcement
An order pursuant to this section to enforce ______ shall take priority over any other assignment, levy or process.

A

support

29
Q

**5242- Income Deduction Order for Support Enforcement

  • If an employer or income payor receives more than one income deduction order pertaining to a single employee, or if they receive an order issued pursuant to this section and also an execution pursuant to section 5241 of this article (Income Execution for Support Enforcement), and if the combined total amount of the income to be withheld exceeds statutory limits, the employer or income payor must withhold the maximum amount permitted and pay to each creditor the ___________________of that amount that their claim bears to the combined total.
  • An employer or income payor shall be liable to the _______________ for failure to deduct the amounts specified, provided however that deduction of the amounts specified by the employer or income payor shall not relieve the debtor of the underlying obligation of support.
A

proportion ……… creditor

30
Q

5250- Arrest of Judgment Debtor

  • If it appears the judgment debtor is about to leave the state or going into hiding, and that there is reason to believe that he has in his possession or custody property in which he has an interest, upon motion of the judgment creditor a ________________ may be issued and he will forthwith be brought before the court
  • When brought before the court, an order may be issued requiring the debtor to give an ___________ in a sum fixed by the court, among other conditions.
A

warrant of arrest ………. undertaking

31
Q

***5251- Disobedience of Subpoena

Disobedience of subpoena, restraining notice, or order, false swearing or willful defacing or removal of a posted notice of sale before the time fixed for the sale shall be punishable by ________

A

contempt of court

32
Q

5252- Discrimination against Employees

  • If the court finds there is any discrimination against an employee based upon wage assignment or income execution filed with the employer, it can result in a civil penalty of ______ dollars for the first instance, and _____________ dollars per instance for second or subsequent instances
  • The penalty shall be paid to the ___________
A

500……… 1000.00 ………. creditor

33
Q

5252- Discrimination against Employees

  • An employee or prospective employee can bring a civil action against an employer who is in violation of this section within __________ of the violation for an amount not to exceed lost wages for ___________ , the court also may order the reinstatement of such discharged employee or the hiring of such prospective employee
  • Except for an income execution due to _______________ enforcement, not more than __________ per centum of the damages recovered in such action shall be subject to any claims, attachments or executions by any creditors, judgment creditors or assignees of such employee or prospective employee.
A

NINETY (90) DAYS…….. SIX WEEKS…… child support…… ten (10%)

34
Q

5252- Discrimination against Employees

A violation of this section may also be punished as a __________

A

contempt of court

35
Q

5252- Discrimination against Employees

There is now a ________ for personal and real property exempt from application to satisfaction of money judgments and exemptions in bankruptcy (see CPLR 5205 and 5206).

A

cost-of-living adjustment

36
Q

5252- Discrimination against Employees

  • Beginning April 1st 2012 (no fooling) and at each __________ interval ending on April 1st thereafter, the dollar amount of the exemptions as provided here in Article 52 shall be adjusted.
  • This is done by the superintendent of financial services based on the Consumer price index for urban consumers for the most recent 3-year period ending on the ___________________ preceding the adjustment
  • Adjustments will be rounded to the nearest ____________
  • Such amounts will be published together with the date of the next scheduled adjustment
A

THREE (3) YEAR….. December 31st…… $25.00

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

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