CPLR Art 62 Volume 1

Question 1

ARTICLE 62 – Attachment

A “writ or order of attachment” is a ________________ court order to “attach” or seize an asset that might be used to satisfy a final judgment.

Answer 1

PRE-JUDGMENT

Question 2

ARTICLE 62 – Attachment

A “garnishee” is the _______ who holds property belonging to the debtor or owes a debt to them.

Answer 2

third party

Question 3

6201. Grounds for attachment.

An attachment order can be granted in any action other than a ___________ if the plaintiff has demanded and would be entitled to a _________ against one or more defendants, when:

• the defendant is a ____________ residing without the state, or is a ____________ not qualified to do business in the state; or

Answer 3

matrimonial action ……… money judgment……… non domiciliary………… foreign corporation

Question 4

6201. Grounds for attachment.

An attachment order can be granted in any action other than a ___________ if the plaintiff has demanded and would be entitled to a _________ against one or more defendants, when:

• the defendant resides or is domiciled in the state and cannot be ____________ despite diligent efforts to do so; or

Answer 4

matrimonial action ……… money judgment……… personally served

Question 5

6201. Grounds for attachment.

An attachment order can be granted in any action other than a ___________ if the plaintiff has demanded and would be entitled to a _________ against one or more defendants, when:

• The defendant has or is trying to ______ his assets from his creditors or the plaintiff; or

Answer 5

matrimonial action ……… money judgment……… hide

Question 6

6201. Grounds for attachment.

An attachment order can be granted in any action other than a ___________ if the plaintiff has demanded and would be entitled to a _________ against one or more defendants, when:

• A ________ brings an action against the person who committed the crime for damages; or

Answer 6

matrimonial action ……… money judgment……… victim of a crime

Question 7

6201. Grounds for attachment.

An attachment order can be granted in any action other than a ___________ if the plaintiff has demanded and would be entitled to a _________ against one or more defendants, when:

• The cause of action is based on a judgment, decree, or order from any other _________ in the US or a foreign _________ that is entitled to full faith and credit in this state.

Answer 7

matrimonial action ……… money judgment……… Court……court

Question 8

6202. Debt or property subject to attachment; proper garnishee.

• Any debt or property against which a money ________ may be enforced is subject to attachment.
• The proper garnishee of any such property or debt is the person designated in section 5201

Answer 8

judgment

Question 9

6203. Attaching creditor’s rights in personal property.

A plaintiff who has delivered an order of attachment to a sheriff has superior rights to the extent of the amount of the attachment to a debt owed to the defendant or the defendant’s personal property than any __________ of the debt or property, except:

• When the transferee acquired the debt or property before it was levied upon without _____________ that it was going to be levied upon; or
• When a transferee acquired the debt or property after it was levied upon but before the sheriff ____________ and they didn’t know about the levy

Answer 9

Transferee….. knowledge ………. took possession

Question 10

6204. Discharge of garnishee’s obligation.

A person who pays money or delivers property of which the defendant has an interest to the sheriff pursuant to an attachment is _____________ from their obligation to the defendant to the extent of the payment or delivery.

Answer 10

discharged

Question 11

6205. Order of attachment in certain cases.

In certain cases, an order of attachment may be granted to aid in the execution of a money judgment against a _____________

Answer 11

foreign state.

Question 12

6210. Order of attachment on notice; temporary restraining order; contents.

Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a__________________ prohibiting the ___________ of assets by a garnishee

Answer 12

temporary restraining order………. transfer

Question 13

6211. Order of attachment without notice.

When granted; contents.

• An order of attachment may be granted _________ , before or after service of summons and at any time __________ judgment, or in the aid of execution of a foreign __________ .
• The order of attachment must specify the ______________ to be secured, the name and address of the plaintiff’s attorney, and the sheriff where the property is located or where the garnishee may be served.
• The order shall direct the sheriff to levy, at any time before ___________ , the defendant’s property or debt as will satisfy the amount specified in the order of attachment.

Answer 13

without notice……………prior to ……………… money judgment…… amount of money…….. final judgment

Question 14

6211. Order of attachment without notice.

Confirmation of order

Except where the defendant is a non domiciliary residing without the state, or is a foreign corporation not qualified to do business in the state, if an order of attachment is granted without notice, the plaintiff must file a motion on notice to the defendant and garnishee (if any) to confirm the order within __________ of the levy.

Answer 14

FIVE (5) days

Question 15

6211. Order of attachment without notice.

Confirmation of order

If an order of attachment without notice is granted against a non domiciliary residing without the state or a foreign corporation not qualified to do business in the state, the garnishee must serve a statement of debts of the garnishee to the defendant on the sheriff within ___________ and serve a copy on the plaintiff. The plaintiff then must file a motion to confirm the attachment within ___________

Answer 15

FIVE (5) days……. TEN (10) days.

Question 16

6211. Order of attachment without notice.

Confirmation of order

If the plaintiff upon such motion shows that the statement of debts of the garnishee has not been served and that they will be unable to prevail against a motion to vacate or modify an order of attachment until the statement has been served, the court may grant _________ extension of the time to file a motion to confirm for a period not to exceed ___________

Answer 16

One (1) ……….TEN (10) days.

Question 17

6211. Order of attachment without notice.

Confirmation of order
If plaintiff fails to make such motion for extension within the required period, the order of attachment and any levy thereunder shall have no further effect and shall be vacated ____________

Answer 17

upon motion.

Question 18

6211. Order of attachment without notice.

Confirmation of order

An order of attachment granted ___________ may provide that the sheriff refrain from taking any property levied upon into his actual custody, pending _______________

Answer 18

without notice……..further order of the court.

Question 19

6212. Motion papers; undertaking; filing; demand; damages.

Affidavit; other papers.

On a motion for an order of attachment, or to confirm an order of attachment, the plaintiff must show by _______ that there is cause of action, that they are likely to win on the merits, grounds for attachment exist and that the amount they are asking for is more than any counterclaims they know of.

Answer 19

affidavit

Question 20

6212. Motion papers; undertaking; filing; demand; damages.

Undertaking.

• The plaintiff must post an undertaking of no more than __________ with the court when they file a motion for an order of attachment. The undertaking is a promise to pay the defendant for any costs or damages they incur if it is determined they are not entitled to an ____________ of the defendant’s property.
• The plaintiff is responsible for paying the sheriff for any allowable fees, but the plaintiff’s attorney is not liable for those fees.
• The surety on the undertaking shall not be discharged except upon notice to _____________

Answer 20

$500.00…attachment …..the sheriff.

Question 21

6212. Motion papers; undertaking; filing; demand; damages.

Filing.

• Within ____________ after the granting of an order of attachment, the plaintiff must file it and the _____________ and other papers upon which it was based and the summons and complaint in the action. Unless the time has been extended, the order will be deemed invalid if not so filed.
• A person who is served with the order is _____________ for acting on it as if it were valid if they did not know that it was invalid.

Answer 21

ten days………. affidavit ……….. not liable

Question 22

6212. Motion papers; undertaking; filing; demand; damages.

Demand for papers.

• At any time after property has been levied upon, the defendant may serve upon the plaintiff a written demand that within __________ of service, they be served with the papers upon which the order of attachment was granted and the levy made at the address specified in the demand.
• This demand (IS/IS NOT) considered an appearance.

Answer 22

ONE (1) day ……… IS NOT

Question 23

6212. Motion papers; undertaking; filing; demand; damages.

Damages.

• If it is decided that the plaintiff was not entitled to an attachment or the defendant recovers judgment, the plaintiff will be liable to the defendant for all _______ AND __________ , including reasonable attorney’s fees.
• The plaintiff may be liable for more than the _____________

Answer 23

costs and damages………. posted undertaking.

Question 24

6213. Service of summons.

• If attachment order granted before the defendant is served, it is valid only if a summons is served on the defendant within ____________ or if first publication of the summons pursuant to an order is made and completed within ________
• A person who is served with an attachment order is not liable for acting on it as if it were valid if they did not know that it was invalid.

Answer 24

sixty 60 days……… sixty 60 days.

Question 25

6213. Service of summons.

If the defendant dies within _________ after the order is granted but before service, the attachment order is only valid if the summons is served on the defendant’s executor or administrator within ____________ after letters are issued.

Answer 25

sixty (60) days………… sixty (60) days

Question 26

6213. Service of summons.

The court may grant a ___________ extension for service as long as the application is made before the expiration of the initial ___________ period for service

Answer 26

sixty (60) day …….. sixty (60) day