February 2016 LACBA MCLE Test and Answer Sheet

Test No. 254: Judgment Way

To access the article related to this test, please click here.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Divorce filings are a not good place to look for a debtor’s assets because in a divorce proceeding individuals often misrepresent their assets and liabilities.


2. Section 708.120 of the Code of Civil Procedure provides for the creation of a lien on real property, not personal property.


3. Turnover orders can be made immediately after a debtor exam, without meeting ex parte notice requirements, as long as a writ of execution has been filed with the court.


4. Liens created on personal property can only be effective if they are placed in sequential order, placed after all liens on real property.


5. Postjudgment, the creditor can use the Civil Discovery Act to propound special and form interrogatories and demands for production to the debtor.


6. Once a debtor moves funds offshore, they may be collected by applying for a writ of execution and then for a charging order, which can be used to levy on foreign bank accounts in cooperative countries.


7. An ORAP lien is a powerful lien that attaches to both tangible and intangible personal property of any kind.


8. Creditors must ask permission from the court after an ORAP is issued if the creditor wants to expand the scope of questions to ask the debtor about the debtor’s assets, liabilities, and finances.


9. Assignment orders affect wages earned by “personal service” and are also known as wage garnishment orders and may divert more than 25 percent of the wages that would normally flow to a debtor.


10. Creditors must be cognizant of the enforcement actions brought to bear against the debtors, as the litigation privilege does not apply to postjudgment enforcement actions.


11. Personally serving an ORAP upon a debtor creates a secret lien that relates back to the date on which the order to appear was signed.


12. There is little benefit to the psychological aspect of judgment enforcement; creditors must focus on simply meeting legal requirements.


13. Levies can be effectively used to take possession of real or personal property from judgment debtors and third parties in possession or control of real property or personal property that belongs to the judgment debtor.


14. A keeper and a till tap are remedies at law that allow a creditor to place a lien on and take possession of motor vehicles of all kinds, including boats and airplanes.


15. If a defendant has not been put on notice of potential liability via the complaint or a statement of damages prior to a default, default may be set aside any time after the entry of default judgment.


16. Judgments in California are only good for 10 years and cannot be renewed unless the creditor initiates a new suit to extend the judgment another 10 years.


17. Debtors’ banking information is protected under the Graham-Leech-Bliley Act and can only be obtained from a bank by 1) consent, 2) subpoena, 3) court order, 4) a search warrant.


18. A creditor must show that other remedies have failed before the court will consider the use of a receiver to enforce a judgment.


19. A lien is considered seasoned if it has been in place for 91 days; a seasoned lien is considered a secure debt in a bankruptcy action, effectively making a previously unsecured creditor a secured creditor.


20. A judgment for ordinary costs and attorney’s fees is automatically stayed when an appeal is filed.

 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education legal ethics credit by the State Bar of California in the amount of one hour.