Exam 20: Judgments

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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?

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There is no time limit.

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

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The judgment creditor may claim and recover such monies and properties through a garnishment action.

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

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A party may obtain a default judgment if the opposing party fails to appear in the action and defend. Also, a default judgment may be obtained against a party who fails to comply with a court order, such as a Rule 37 discovery order.

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.

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

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Define -garnishment

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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?

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

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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.

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Define -writ of execution

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

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

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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.

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Define -judgment debtor

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How does a judgment creditor initiate a garnishment action?

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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?

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Define -judgment creditor

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Define -attachment

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Define -redeem

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

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