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CPLR > CPLR Article 52 > Flashcards

CPLR Article 52 Flashcards

1
Q

The proper garnishee of the property of a dependent’s estate is ___________.

A

executor or trustee under the will, or administrator or other fiduciary
(CPLR 5201)

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2
Q

Generally, the docketing of a judgment creates a lien on the real property owned by the judgment debtor for a period of __ years

A

10 (CPLR 5203)

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3
Q

Court, upon motion on notice by judgment debtor, may order the lien or levy be released upon ground that judgment debtor has given an ________ upon appeal sufficient to secure the judgment creditor

A

Undertaking (CPLR 5204)

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4
Q

Generally, the following are exempt from application to the satisfaction of a judgment one motor vehicle not above $______ net of liens and encumbrances ($______ net of liens and encumbrances if vehicle is equipped for use by disabled debtor.)

A

4,000…10,000 (CPLR 5205)

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5
Q

T/F? No homestead shall be exempt from sale for non-payment of taxes or assessments

A

True (CPLR 5206)

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6
Q

T/F? Seat or pew in place of worship is exempt from application to satisfaction of a judgment

A

True (CPLR 5205)

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7
Q

T/F? The procedures in article CPLR 52 relating to enforcement of money judgments are applicable to judgments against NYS

A

False (CPLR 5207)

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8
Q

A restraining notice may be issued by the clerk of the court or the attorney for the judgment creditor as officer of the court, or by ________

A

support collection unit designated by the appropriate social services district
(CPLR 5222)

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9
Q

A receiver shall be entitled to necessary expenses and to a commission not exceeding __ per cent of the sums received and disbursed by him

A

5 (CPLR 5228)

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10
Q

T/F? “Income’’ as defined for support enforcement includes unemployment insurance benefits and federal social security benefits

A

True (CPLR 5241)

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11
Q

Proper garnishee of property consisting of an interest in a partnership is _________.

A

any partner other than the judgment debtor (CPLR 5201)

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12
Q

The proper garnishee of stock of an association is __________

A

the president or treasurer of the association (CPLR 5201)

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13
Q

T/F? If judgment debtor is NYS, docketing of a judgment creates a lien on property owned by NYS

A

False (CPLR 5203)

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14
Q

Wedding ring is exempt from application to satisfaction of judgment if it doesn’t exceed $______

A

There is no maximum. All are exempt from the satisfaction of a judgment
(CPLR 5205)

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15
Q

T/F? A watch is always exempt from application to satisfaction of a judgment

A

False (CPLR 5205)

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16
Q

T/F? However, procedures for the enforcement of money judgments against other judgment debtors are applicable if the state is the garnishee

A

True (CPLR 5209)

17
Q

Party served with restraining notice is prohibited from transferring or selling any property in which judgment debtor has an interest for ___ year(s), unless by court order or direction of sheriff

A

1 (CPLR 5222)

18
Q

T/F? Leave of the court is not required to serve more than one restraining notice on the same person with respect to the same judgment or order

A

False (CPLR 5222)

19
Q

The following subpoenas may be served: 1) subpoena requiring attendance for oral deposition, 2) subpoena duces cecum, 3) __________ subpoena

A

Information (CPLR 5224)

20
Q

A deposition on oral or written questions or an examination of books and papers may proceed upon __ days notice to the person subpoenaed

A

10 (CPLR 5224)

21
Q

Generally, execution shall be returned to clerk of court that issued it within 60 days of issuance (time may be extended in writing for periods not exceeding additional __ days each by attorney for judgment creditor or support collection unit).

A

60 (CPLR 5230)

22
Q

If debtor is supporting a spouse or dependent child other than creditor, amount of deductions withheld shall not exceed __ per cent of disposable earnings ( ___ per cent if there are arrears which have accrued more than 12 weeks prior to week for which such earnings are payable.)

A

50…55 (CPLR 5241)

23
Q

If debtor is not supporting a spouse or dependent child other than creditor, amount of deductions withheld shall not exceed __ per cent of disposable earnings ( ___ per cent if there are arrears which have accrued more than 12 weeks prior to week for which such earrings are payable.

A

60…55 (CPLR 5241)

24
Q

T/F? Beginning April 1, 2012 (and every 3 years thereafter) exemption amounts in CPLR 5205 and 5206 (and 282 and 283 of debtor and creditor law), shall be adjusted as follows: The superintendent of financial services shall determine the amount of the adjustment based on consumer price index for all urban consumers (NY-northern NJ-Long Island, NY-NJ-CT-PA) published by US Dept. of Labor for the most recent 3 year period ending December 31 preceding the adjustment. The superintendent of Financial Services shall publish the current dollar amounts of the exemptions. The amounts are effective on April 1, (year) and shall not apply to cases commenced before April 1

A

True (CPLR 5253)

25
Q 
A judgment may be docketed with the county clerk. The docketing creates a lien on the real property owned by the judgment debtor for a period of \_\_ years
A. 4
B. 10
C. 15
D. 20
A

B. 10 (CPLR 5203)

26
Q

Which of the following is not correct? Homestead exemption (for property used as the principal residence) applies to:
A. a lot of land with a dwelling
B. shares of stock in a cooperative apartment corporation
C. units of a condominium apartment
D. a second home

A

D. a second home (CPLR 5206)

27
Q

Which of the following statements are correct? A restraining notice shall:
1. specify all the parties to the action
2. the date that judgment or order was entered
3. the court in which it was entered
4. the amount of judgment or order and amount then due
A. 1, 2 and 3
B. 2, 3 and 4
C. 1, 2, 3 and 4
D. 1, 3 and 4

A

C. 1, 2, 3, and 4 (CPLR 5222)

28
Q

Which of the following statements are correct? A restraining notice shall:
1. the names of all parties in whose favor judgment was entered
2. set forth the effect of restraint, prohibition of transfer and duration of restraining notice
3. state that disobedience is not punishable as a contempt of court
4. contain original copy signature of clerk of the court or attorney or name of issuing support collection unit
A. 1, 2, 3 and 4
B. 1, 2, 3 and 4
C. 1, 2 and 4
D. 1 and 2

A

C. 1, 2 and 4 (CPLR 5222)

29
Q

Which of the following choices is not correct? Execution (property execution or income execution) shall specify:
A. date that judgment or order was entered
B. the amount of the judgment or order
C. future amount (including interest) that will become due
D. names of parties for and against whom judgment or order was entered

A

C. future amount (including interest) that will become due (CPLR 5230)

30
Q 
If an employer or income payor served with an income execution fails to deduct or remit deductions as directed in the income execution, the court shall issue to the employer or income payor an order directing compliance and may direct the payment of a civil penalty not to exceed \_\_ dollars for the first instance and \_\_ dollars per instance for the second and subsequent instances of employer or income payor noncompliance
A. 250...500
B. 500...750
C. 500...1,000
D. None of the above
A

C. 500…1,000 (CPLR 5241)

31
Q

Which of following contains at least one item which is not exempt from application to satisfaction of a judgment?
A. family bible, family pictures, school books used by judgment debtor
B. one sewing machine, judgment debtor’s pew at place of worship
C. a wedding ring worth $1,000, a watch worth $2,000
D. all necessary wearing apparel of judgment debtor and family

A

C. a wedding ring worth $1,000, a watch worth $2,000 (CPLR 5205)

32
Q

Which of the following is false? A restraining notice:
A. may be served on judgment debtor’s employer to restrain wages
B. generally, must be served in like manner as a summons
C. is effective for a period of one year, unless judgment is paid before
D. must specify all the parties to the action

A

A. may be served on judgment debtor’s employer to restrain wages
(CPLR 5222)

33
Q

Which of the following is false? Referring to disclosure after judgment
A. subpoena for oral deposition many be served
B. subpoena duces cecum may be served
C. a person other than judgment debtor must be paid 1 day’s witness fee plus traveling expenses
D. disobedience of subpoena is not punishable as a contempt of the court

A

D. disobedience of subpoena is not punishable as a contempt of the court
(CPLR 5230)

34
Q 
Income execution is for maximum of \_\_% of qualifying judgment debtor's income (money from any source)
A. 5
B. 10
C. 12
D. none of the above
A

B. 10 (CPLR 5231)

35
Q

Which of the following statements is false? A restraining notice shall be served personally:
A. in the same manner as a citation
B. by registered or certified mail, return receipt requested
C. if issued by the support collection unit, by regular mail
D. by electronic means as per (5222 (g))

A

A. in the same manner as a citation (CPLR 5222)

36
Q

Which of the following choices is not correct? A restraining notice may be issued by
A. judgment debtor
B. the clerk of the court
C. the attorney for the judgment creditor as officer of the court
D. by the support collection unit designated by the appropriate social services district

A

A. judgment debtor (CPLR 5222)

CPLR (29 decks)

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