Enforcement of Judgments Self-Quiz

 

 

 

 

 

 

 

Harvey owns 20 acres of real property in the state of Blackacre. Susan has obtained a judgment against Harvey in the amount of $100,000. Harvey’s real property has a fair market value of $1 million. A real estate appraiser has equally valued each acre of Harvey’s property at $50,000 each. Through execution, Susan instructs the local Sheriff to levy upon Harvey’s property. What portion of Harvey’s property should the Sheriff direct to be sold a public sale?
Choice 1 All 20 acres; assuming the sale proceeds are $1 million, upon sale, Susan should receive $100,000 and Harvey should receive the remaining $900,000.
Choice 2 None of the 20 acres; real property is not subject to execution.
Choice 3 Assuming the sale proceeds amount to $50,000 per acre, the Sheriff should sell only two acres of Harvey’s real property.
Choice 4 None of the above.
Philip has obtained a judgment against Matt in federal court in the amount of $75,000. Philip seeks to enforce the judgment through an income execution. Matt is a first year law associate and earns, after taxes, $52,000 per year in disposable earnings. Assume for the purpose of this question that the federal minimum wage is $5 per hour. How much may Philip receive through his income execution?
Choice 1 $250 per week.
Choice 2 $1000 per week.
Choice 3 $100 per week.
Choice 4 $150 per week.
Andrew seeks to enforce a money judgment against Brian. Brian owns real property on which a house is built. Brian lives in the house. Through execution, Andrew instructs the local Sheriff to levy upon Brian’s house and sell it through public sale so that Andrew may receive the proceeds to satisfy Brian’s debt. Is this execution proper?
Choice 1 No, because one’s home is exempt from execution to satisfy a money judgment.
Choice 2 No, because Andrew should have instructed the Sheriff to sell the real property, but not Brian’s home.
Choice 3 Yes, because Andrew’s execution is proper.
Choice 4 Yes, because Andrew is entitled to the proceeds of the sale of Brian’s house.

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