30 Questions
What is the purpose of determining the actual location and value of a property in relation to the Family Code?
To determine its exemption from execution
Which type of entity is exempt from execution under the Family Code?
Natural persons
What is the reason behind the exemption of salaries, wages, and earnings from execution?
Because they are indispensable for the family's support
What is an example of a tool or implement that is exempt from execution?
A dentist's dental chair
Can a corporate entity fall under the exemption of salaries, wages, and earnings from execution?
No, under any circumstances
What is the requirement for salaries, wages, and earnings to fall within the exemption from execution?
They must be intended for the support of the judgment debtor's family
What happens if the person against whom the judgment for the delivery or restitution of real property is rendered fails to comply with the demand?
The officer will place the judgment obligee in possession of the property with the assistance of peace officers
What is the general rule regarding a writ of execution?
It must conform strictly to every essential particular of the judgment
What happens to the proceeds of a sale of real or personal property under a judgment?
They are applied in conformity with the judgment
When is a writ of execution justified to be recalled?
When the writ is defective in substance
What is the consequence of an execution being in excess of the original judgment or award?
It is void
What is the effect of a timely perfected appeal on the execution of a judgment or final order?
The execution of the judgment is stayed
Which type of judgment is immediately executory notwithstanding any appeal taken?
Judgments in actions for injunction, receivership, accounting, and support
What is the timeframe for the person against whom the judgment was rendered to vacate the property?
3 working days
What is required to be presented by a redemptioner when redeeming a mortgage or lien?
A memorandum of the record thereof, or an original or certified copy of any assignment
What is the effect of no redemption being made within one year from the date of the registration of the certificate of sale?
The purchaser is entitled to a conveyance and possession of the property
Under what condition may the execution of a judgment in an action for injunction, receivership, accounting, and support be stayed?
When the trial court ordered otherwise
What does the Supreme Court hold regarding a judgment?
It is not confined to what appears on the face of the decision
What is the discretion of the appellate court in relation to an injunction, receivership, accounting, or award of support?
To make an order suspending, modifying, restoring, or granting the injunction, receivership, accounting, or award of support
What is included in the amount of redemption paid to the purchaser?
The amount of the purchase, interest, and any assessments or taxes paid
What is the purpose of the terms of the stay of execution in relation to a bond or otherwise?
To protect the rights of the adverse party
What is the time limit for a subsequent redemption of a property?
60 days
Who must execute the affidavit showing the amount due on the lien?
The redemptioner or their agent
What is the purpose of the memorandum of record of the mortgage or other lien?
To establish the redemptioner's claim
Under which circumstances may a judgment obligor be required to appear and be examined?
When the judgment remains unsatisfied and the obligor's property and income need to be examined
What is the limitation on the examination of a judgment obligor's property and income?
It only refers to the obligor's property and income, not those of third persons
What is the result if a judgment obligor has no right, title, or interest over a property?
The obligor cannot be examined concerning the property
What is the requirement for a person or entity to be required to appear and be examined?
They must have property or be indebted to the judgment debtor
Where can a person or entity be required to appear and be examined?
Only in the province or city where the person or entity resides or is found
What is the purpose of the examination of a person or entity?
To determine if the person or entity has property or is indebted to the judgment debtor
Test your knowledge of civil procedure, including the grounds for recalling a writ of execution, and the effects of an appeal on its execution. Learn about the nuances of civil law and the procedures involved in seeking relief. Improve your understanding of legal proceedings and the role of writs in enforcing judgments.
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