CPLR Art 62 Volume 2

Question 1

6214. Levy upon personal property by service of order.

Method of levy.

The sheriff will seize property or debts belonging to the defendant by serving a copy of the attachment order on the garnishee, or on the defendant if the property is in the defendant’s possession or custody, in the same manner as a summons except that such service shall not be made by delivery of a copy to a person only authorized to ____________________ solely as an agent for service

Answer 1

receive service

Question 2

6214. Levy upon personal property by service of order.

Effect of levy; prohibition of transfer.

An attachment order served on a person other than ________ can only be enforced if the person owes money to the defendant, has property in their possession that belongs to the defendant, or if the plaintiff has stated such in the notice.

Answer 2

the defendant

Question 3

6214. Levy upon personal property by service of order.

Effect of levy; prohibition of transfer.

• All property that the defendant owns or has an interest in, all debts that are owed and coming to the defendant are subject to the _____________
• The person who is served with the attachment order must immediately transfer or deliver all property and pay all debts to the sheriff, up to ___________ specified in the attachment order.

Answer 3

attachment order. ………… the amount

Question 4

6214. Levy upon personal property by service of order.

Effect of levy; prohibition of transfer.

The garnishee is forbidden to sell, assign, transfer, interfere, or otherwise dispose of any property belonging to the defendant, or pay over or otherwise dispose of any such debt owed to the defendant, to anyone other than the sheriff, until:

• __________ after the attachment order is served, or
• further order of __________ or
• upon direction of __________

Answer 4

90 days……the court………. the sheriff

Question 5

6214. Levy upon personal property by service of order.

A garnishee can collect or redeem a debt instrument or sell property that is held as collateral or pursuant to a pledge, or at the direction of any person other than __________ authorized to direct sale or transfer, as long as the ___________ in which the defendant has an interest be retained subject to the levy.

Answer 5

the defendant………… proceeds

Question 6

6214. Levy upon personal property by service of order.

If the plaintiff seizes property or debt that does not actually belong or not owed to the defendant, the plaintiff is liable for any ______________ as a result of the levy.

Answer 6

damages

Question 7

6214. Levy upon personal property by service of order.

Seizure by sheriff; notice of satisfaction.

• Where property or debts have been levied upon by service of an order of attachment, the sheriff shall take into his ___________ all such property capable of delivery and shall collect and receive all such debts.
• The sheriff must notify the defendant and any other relevant parties when the attachment order has been __________

Answer 7

actual custody ……….. fully executed.

Question 8

6214. Levy upon personal property by service of order.

Proceeding to compel payment or delivery.

If the plaintiff wants to compel the garnishee to pay the debt or deliver the property to the sheriff, on notice to the parties to the action and the sheriff, they can file a _______________ against the garnishee to compel or secure a judgment against them.

Answer 8

special proceeding

Question 9

6214. Levy upon personal property by service of order.

Proceeding to compel payment or delivery.

A garnishee can raise ___________ and ___________ against the defendant if sued by him, and the court can allow adverse _____________ to intervene in the proceeding and determine their rights.

Answer 9

defenses and counterclaims ………… claimants

Question 10

6214. Levy upon personal property by service of order.

Failure to proceed.
The attachment order will become void after ___________ after service unless the plaintiff files a motion to extend the time limit, or void except as to property or debts the sheriff has taken actual possession of, or a proceeding to compel compliance has been initiated

Answer 10

ninety (90) days

Question 11

6215. Levy upon personal property by seizure.

• If the plaintiff wants the sheriff to seize property by taking it into their actual custody, they must provide the sheriff with ______________ (security, like an undertaking).
• The sheriff shall forthwith serve a copy of the order of attachment

Answer 11

indemnity

Question 12

16. Levy upon real property.

• To seize a defendant’s interest in real property, the sheriff must file a notice of attachment with the _________ where it is located.
• The notice must include the names of the parties to the action, name and address of the attorney, the amount specified in the order of attachment, and a description of the property levied upon.
• The clerk shall ________ and ___________ the notice

Answer 12

county clerk …. record and index

Question 13

6217. Additional undertaking to carrier garnishee.

When a garnishee who is a common carrier (a transporter of property or people) is served with an order of attachment, they can still transport or deliver property that was already loaded onto a conveyance (e.g. truck, train, plane) without knowledge of the order of attachment, unless the plaintiff provides __________ guaranteeing payment to the carrier for any ___________ or ______________ incurred in unloading the property and detaining the conveyance.

Answer 13

an undertaking………. expenses or damages

Question 14

6218. Sheriff’s duties after levy.

Retention of property.

The sheriff must hold and keep __________ or ___________ seized in an attachment order safely, unless otherwise directed by the court or the plaintiff, subject to payment of the sheriff’s fees and expenses.

Answer 14

property or debts

Question 15

6218. Sheriff’s duties after levy.

Retention of property.

Money seized in an attachment order must be held in an ____________________ at a national or state bank or trust company.

Answer 15

interest-bearing trust account

Question 16

6218. Sheriff’s duties after levy.

Retention of property.

In urgent situations. the court may order the sale or other disposition of property, with notice to the parties to the action and the garnishee who has the property.

Answer 16

6218. Sheriff’s duties after levy.

Retention of property.

In urgent situations. the court may order the sale or other disposition of property, with notice to the parties to the action and the garnishee who has the property.

Question 17

`Sheriff’s duties after levy.

Inventory.

• The sheriff must file a list of all property seized within _____________ of the attachment order being served, or immediately after the order is vacated or annulled.
• The list must include a description of real property levied upon, the names and addresses of all persons served with the order, and an estimate of the value of all property.

Answer 17

fifteen (15) days

Question 18

6219. Garnishee’s statement.

• Within ______________ of being served with an attachment order, the garnishee must serve the sheriff with a statement of all debts owed to the defendant, property in their possession that belongs to the defendant, and their amounts and values.
• If the garnishee has ________ belonging to or owed to the defendant in at least the amount of the attachment, they may limit their statement to that fact.

Answer 18

ten (10) days……. money

Question 19

6220. Disclosure.

The court may order anyone to___________ about property belonging to or debts owed to the defendant, upon motion on notice of any interested person, after the granting of an order of attachment but before final judgment.

Answer 19

disclose information

Question 20

6221. Proceedings to determine adverse claims.

• Any interested person can file a _________________ against the plaintiff to determine the rights of adverse ____________ to property or debt before the property or debt is applied to satisfy a judgment.
• Service shall be made by serving a notice of petition upon the sheriff and upon each party in the same manner as a _____________

Answer 20

special proceeding …… claimants …….. notice of motion.

Question 21

6221. Proceedings to determine adverse claims.

The proceeding may be commenced in the ____________ where the property was levied upon, or in the county where the order of attachment is filed.

Answer 21

county

Question 22

6221. Proceedings to determine adverse claims.

The court may vacate or discharge the attachment, void the levy, direct the disposition of the property or debt, direct that undertakings be provided or released, or direct that damages be awarded.

Answer 22

6221. Proceedings to determine adverse claims.

The court may vacate or discharge the attachment, void the levy, direct the disposition of the property or debt, direct that undertakings be provided or released, or direct that damages be awarded.

Question 23

6221. Proceedings to determine adverse claims.

Where there appear to be disputed questions __________ the court shall order a separate trial, and assign a person who will hold onto the property before decision and the amount of ______________ if any, they must post.

Answer 23

of fact,…………. undertaking,

Question 24

6221. Proceedings to determine adverse claims.

If the court determines that the adverse claim was ______________ , it may require the claimant to pay the plaintiff the reasonable expenses incurred in the proceeding, including reasonable attorney’s fees, and any other damages suffered by reason of the claim.

Answer 24

fraudulent

Question 25

6221. Proceedings to determine adverse claims.

The commencement of the proceeding will not subject the adverse claimant to ______________ for any other matter

Answer 25

personal jurisdiction

Question 26

6222. Discharge of attachment.

• A defendant whose property or debt has been seized can motion the court on notice to release the attachment if they pay the sheriff’s fees and expenses.
• They must also provide an ____________ equal in value to the seized property guaranteeing that they will pay the plaintiff the amount of any judgment that is awarded against them, up to the amount of the undertaking.
• Making a motion or giving an undertaking under this section shall not of itself constitute ________________ in the action.

Answer 26

Undertaking ………….. an appearance

Question 27

6223. Vacating or modifying attachment.

Motion to vacate or modify.

• Prior to the application of property or debt to the satisfaction of a judgment, any interested party may submit _____________ to all parties for an order to vacate or modify the order of attachment.
• The court may give the plaintiff a reasonable opportunity to correct any _____________

Answer 27

a motion on notice ……. defect.

Question 28

6223. Vacating or modifying attachment.

Motion to vacate or modify.

If the defendant appears in the action and the court determines that the attachment is no longer necessary to secure the plaintiff, the court will vacate the attachment order.

Answer 28

6223. Vacating or modifying attachment.

Motion to vacate or modify.

If the defendant appears in the action and the court determines that the attachment is no longer necessary to secure the plaintiff, the court will vacate the attachment order.

Question 29

6223. Vacating or modifying attachment.

Motion to vacate or modify.

Such a motion shall not of itself constitute _____________ the action.

Answer 29

an appearance in

Question 30

6223. Vacating or modifying attachment.

Burden of proof.

The ___________ shall have the burden of establishing the grounds for the attachment, the levy and the probability that he will succeed on the merits.

Answer 30

plaintiff

Question 31

6224. Annulment of attachment.

• An attachment order is __________ if the action is abated, discontinued, satisfied or the defendant wins.
• If the defendant wins, a stay of proceedings suspends the ____________ and a reversal or vacating of the judgment revives the order.

Answer 31

Annulled…….. annulment,

Question 32

6225. Return of property; directions to clerk and sheriff.

• Upon motion of any interested person, on notice to the sheriff and parties, the court may direct the clerk of any county to cancel a notice of attachment and may direct the sheriff to dispose of, account for, assign, return or release any property or debt, or the proceeds thereof, or any undertaking, or to file additional inventories or returns, subject to the payment of the sheriff’s fees and expenses.
• The court must notify other _________ in other attachment orders and judgment creditors of executions of a motion to return or release property

Answer 32

plaintiffs

Question 33

6226. Disposition of attached property after execution issued; priority of orders of attachment.

If an execution is issued against a defendant, the sheriff must treat property that was attached pursuant to an order of attachment the same way they would treat property that was attached pursuant to the __________

Answer 33

execution.

Question 34

6226. Disposition of attached property after execution issued; priority of orders of attachment.

The order of priority for attachment orders against the same defendant is the order in which they were __________ to the sheriff.

Answer 34

delivered

Question 35

6226. Disposition of attached property after execution issued; priority of orders of attachment.

The priority between an order of attachment and an execution, or a payment, delivery or receivership order, is set forth in section 5234 (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 35

Received…….. child support