quick ST Flashcards
Priority of judgment liens
If perfected interest: first in time. Lien will beat a perfected interest if it is acquired before the perfection.
Unperfect interests are inferior to judgment liens
Buyer in the ordinary course of business
Takes the collateral free of the security interest even if he knew of the SI and even if it was perfected. SI must be created by Buyer’s seller.
Garnishment objections
BE PIMPS
When can execution on judgment begin?
not until 21 days after the final judgment has been entered. SOL is ten years.
How to garnish wages
Periodic writ of garnishment. Allowd employer to take a little bit each time. max 25% per week
Joint bank accounts and garnishment
Joint tenants with surviviorship rights. Presumed that they are equal contributors. Probably can only get half. Non-periodic writ
Personal Property
Get an order of seizure of property
Uniform Voidable Transactions Act
Covers:
-conveyances with intent to defraud
-conveyance made without reasonably equivalent value
-conveyance where debtor believed or should have believed would make him insolvent.
These are treated as void as to the creditor.
exception to UVTA
if trasnferee is an innocent purchaser for value