Article 52

Question 1

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

Answer 1

executor or trustee under the will, or administrator or other fiduciary

CPLR 5201

Question 2

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

Answer 2

10

CPLR 5203

Question 3

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

Answer 3

undertaking

CPLR 5204

Question 4

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.)

Answer 4

4,000…10,000

CPLR 5205

Question 5

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

Answer 5

True

CPLR 5306

Question 6

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

Answer 6

True

CPLR 5205

Question 7

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

Answer 7

False

CPLR 5207

Question 8

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

Answer 8

support collection unit designated by the appropriate social services district

cPLR 5222

Question 9

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

Answer 9

5

CPLR 5228

Question 10

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

Answer 10

True

CPLR 5241

Question 11

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

Answer 11

any partner other than the judgment debtor

CPLR 5201

Question 12

The proper garnishee of stock of an association is __________

Answer 12

the president or treasurer of the association

CPLR 5201

Question 13

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

Answer 13

False

CPLR 5203

Question 14

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

Answer 14

There is no maximum. All are exempt from the satisfaction of a judgment

CPLR 5205

Question 15

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

Answer 15

False

CPLR 5205

Question 16

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

Answer 16

True

CPLR 5209

Question 17

See page 110

Answer 17

See page 110

Question 18

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 oder or direction of sheriff

Answer 18

1

CPLR 5222

Question 19

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

Answer 19

False

CPLR 5222

Question 20

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

Answer 20

information

CPLR 5224

Question 21

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

Answer 21

10

CPLR 5224

Question 22

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).

Answer 22

60

CPLR 5230

Question 23

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.)

Answer 23

50…55

CPLR 5241

Question 24

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.

Answer 24

60…55

CPLR 5241

Question 25

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

Answer 25

True CPLR 5253

Question 26

``` 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 ```

Answer 26

B. 10 CPLR 5203

Question 27

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

Answer 27

D. a second home CPLR 5206

Question 28

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

Answer 28

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

Question 29

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

Answer 29

C. 1, 2 and 4 CPLR 5222

Question 30

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

Answer 30

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

Question 31

``` 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 ```

Answer 31

C. 500...1,000 CPLR 5241

Question 32

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

Answer 32

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

Question 33

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

Answer 33

A. may be served on judgment debtor's employer to restrain wages CPLR 5222

Question 34

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

Answer 34

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

Question 35

``` 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 ```

Answer 35

B. 10 CPLR 5231

Question 36

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))

Answer 36

A. in the same manner as a citation CPLR 5222

Question 37

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

Answer 37

A. judgment debtor CPLR 5222