Deck 20: Judgments

Question 1

Define
writ of execution

Answer 1

A writ that directs the sheriff or marshal to seize certain property that belongs to the named judgment debtor and hold the property or sell the property for the benefit of the judgment creditor.

Question 2

Rule 60(a) provides that a court may correct clerical errors in a judgment only within 30 days of entry of a judgment.

Answer 2

False

Question 3

Define
attachment

Answer 3

A proceeding by which a judgment debtor's property is seized and held pending a determination of the lawsuit so that the defendant does not dispose of it and, thereby, prevent the plaintiff from obtaining the property.

Question 4

Rule 60 does not limit the time in which a judgment may be challenged on the grounds that the court lacked jurisdiction in the case.

Question 5

A judgment for money may be assigned or transferred to another person.

Question 6

A judge and the parties must approve the form of the judgment before it is officially filed.

Question 7

Define
judgment debtor

Question 8

If a party offers to have a judgment entered against himself or herself for an amount of money that the party believes the opposing party is entitled to recover, the offer must first be filed with the court.

Question 9

State law determines the length of time during which a judgment remains enforceable.

Question 10

Define
garnishment

Question 11

An offer of judgment must be made at least days before trial is to begin, and the offer must remain open for at least days after it is made.

A) 3; 10
B) 10; 3
C) 10; 10
D) 10; 30
E) 30; 10

Question 12

Rule 62 prevents the successful judgment creditor from enforcing his or her judgment for days following entry of the judgment.

A) 10
B) 20
C) 30
D) 60
E) none of the above

Question 13

Under Rule 58, the judge must tell the clerk of court how to word the judgment whenever the decision of the court provides a remedy other than:

A) dismissal of the claim.
B) an award of a specified amount of money.
C) both of the above.
D) neither of the above.

Question 14

The parties to a federal civil action are subject to the posttrial remedies provided by the laws of the state in which the federal district court functions.

Question 15

A judgment creditor may not challenge the statement of a garnishee if the garnishee's disclosure states that the garnishee does not hold any money or property that belongs to the judgment debtor.

Question 16

A judgment may be required to post a bond protecting the judgment against any errors or improprieties that might occur when the property is seized and sold.

A) creditor; debtor
B) creditor; creditor
C) debtor; creditor
D) debtor; debtor

Question 17

The garnishee may always choose to relitigate the judgment debtor's liability if that becomes necessary.

Question 18

Interest on the amount of a judgment begins to accumulate on:

A) the date the cause of action arises.
B) the date the action is commenced.
C) the date the court obtains jurisdiction.
D) the date the judgment is entered.

Question 19

Define
redeem

Question 20

Define
judgment creditor

Question 21

What value is an offer of judgment to the offeror?

Question 22

What value is a judgment for money damages if the judgment debtor will not voluntarily pay the obligation?

Question 23

How does a judgment creditor initiate a garnishment action?

Question 24

What are the consequences to the parties if the plaintiff rejects the defendant's offer to have judgment entered against himself or herself, yet the plaintiff fails to obtain a judgment for more than the offer?

Question 25

What should a judgment creditor do if neither the judgment creditor nor the sheriff can find any of the debtor's properties or monies, but the creditor believes the debtor does have assets?

Question 26

On what basis may a party obtain a default judgment against another party?

Question 27

What is the time limitation for setting aside a judgment on the grounds that the court that granted the judgment lacked jurisdiction over the subject matter?

Question 28

To what penalty is a judgment debtor subject if the debtor refuses to answer questions about the nature and extent of his properties and financial condition?

Question 29

What may a judgment creditor do if a third person is indebted to the judgment debtor or holds monies or properties of the debtor?