CPLR Art 52 Volume 4 Flashcards
**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
FIFTY-SIXTH ……….. SIXTY-THIRD……..(8th to 9th week)
**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 ______________
County…… county
**5236- Sale of Real Property
No sale may be made to that _______________ or _______________ or _____________
sheriff or to his deputy or undersheriff
**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.
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.
**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
FIFTY-SIX (56)DAYS……. THREE (3)
**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
45 DAYS………. 30 DAYS
**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
FOUR ………… FOURTEEN……… 56th and 63rd
**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.
TEN(10)DAYS
**5236- Sale of Real Property
The creditors will be paid with the proceeds by priority and the excess will go to the ________
debtor
- 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.
irregularity
- 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.
irregularity………….. levy or sale……. without notice
- 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.
attachment
- 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.
interest ………. special proceeding ……..notice of motion……undertaking….possession….fraudulent
- 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.
enforcement procedure
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
matrimonial or family
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 ___________________
Public assistance benefits and Supplemental security income (SSI)
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.
paid
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.
support collection unit
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.
Arrears …… arrears or payments
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 ____________
health insurance benefits…… employer.
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
FOURTEEN (14) days….. SEVEN (7) business days
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
FIFTEEN(15)DAYS………. FORTY-FIVE(45)DAYS
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
500.00 ………. 1000.00 dollars
**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.
default
