A) To protect secured creditors
B) To garnish a debtor's wages
C) To obtain court permission to immediately allow a creditor to seize a debtor's property
D) To ensure a debtor doesn't sell or hide property to try to avoid paying debt
E) Creditors cannot seek a court order for attachment
G) A) and E)
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A) The contractor must file a lawsuit and ask the court to impose a judicial lien.
B) The homeowner must voluntarily agree in a written pre-construction contract to allow the contractor to create a lien.
C) The contractor must file a written notice of the lien on the property with the county clerk within a designated period of time.
D) The lien is created automatically be operation of law.There is no process.
E) The contractor must get consent of the homeowner to create a lien.
G) A) and D)
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A) Even if a contractor performs deficient work,a mechanic's lien may be enforced.
B) Any excess funds from a sale to pay the lien go to the debtor.
C) There is no requirement that a contractor give a debtor notice of a foreclosure.
D) Filing a lien automatically ensures that a contractor will receive some money.
E) Federal law governs enforcement of mechanic's liens.
G) C) and D)
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A) Approved
B) Judgment
C) Evaluated
D) Statutory
E) Consensual
G) A) and E)
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A) Posting a bond with the court covering costs associated with the attachment
B) Filing a lawsuit against a debtor alleging a debt is owed.
C) Proving that the creditor has a secured interest in the property
D) Listing the grounds for the attachment application
E) Providing a legal basis at a court hearing for the attachment
G) A) and E)
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A) A guaranty
B) An acknowledged agreement
C) An executory promise
D) A suretyship
E) A certified agreement
G) C) and D)
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A) The court found that a lien was foreclosed because the bankruptcy trustee had priority.
B) The court found that a lien was available because the claimant qualified as a materialman engaged in manufacturing an article for the debtor thereby satisfying applicable law.
C) The court found that a lien was available because under principles of equity,it would be unjust to deny the claimant a recovery.
D) The court found that a lien was foreclosed because the claimant did not qualify as a mechanic,artisan,or materialman.
E) The court found that a lien was foreclosed because the transaction did not involve the manufacturing or repairing of an "article" or "building" as required under applicable law.
G) B) and C)
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A) If the lien is on real property instead of personal property.
B) If a contractor has been paid but subcontractors have not.
C) If a contractor performs deficient work.
D) If the homeowner does not consent to the lien.
E) There are no circumstances under which a mechanic's lien is not enforced.
G) A) and C)
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B) False
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A) Fixture
B) Law enforcement lien
C) Attachment
D) Garnishment
E) Contempt
G) A) and B)
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A) Mechanic's
B) True
C) Judicial
D) Artisan's
E) Contempt
G) A) and C)
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A) That a debtor must be able to keep the 75 percent of his or her weekly net income.
B) That a debtor must be able to keep 30 times the federal minimum wage.
C) Nothing because the Federal Consumer Credit Protection Act does not address garnishment.
D) Nothing because there is no Federal Consumer Credit Protection Act.
E) That a debtor must be able to keep the greater of the following two options: 75 percent of his or her weekly net income or 30 times the federal minimum wage.
G) B) and C)
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B) False
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B) False
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A) Only one garnishment will be permitted at a time,and the creditor with the largest claim will usually receive the garnished wages.
B) Only one garnishment will be permitted at a time,and the creditor with the smallest claim will usually receive the garnished wages.
C) The court will collect the garnished wages and divide the money up amongst the creditors.
D) Only one garnishment will be permitted at a time,and the first creditor to file will usually receive the garnished wages.
E) All of the creditors can take a portion of the wages.
G) None of the above
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A) Good Windows would likely lose only because Paul is unwilling to cover the cost of proper installation,and Cecelia should not be charged for windows when she has no remedy against anyone.
B) Good Windows would likely lose because the windows are not working properly for Cecelia.
C) Good Windows would likely lose unless Cecelia can establish that Good Windows notified her by certified mail that she would have to pay for the windows even if they were improperly installed.
D) Good Windows would likely prevail because it was not the fault of Good Windows that the windows were installed improperly.
E) Good Windows would likely be granted a lien for only 50% of the cost of the windows.
G) A) and B)
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A) Allison's father is released only if Allison failed to give him sufficient notice of her plans to file bankruptcy.
B) Allison's father is released only if the bank failed to notify him of the bankruptcy in sufficient time to allow him to make a proper claim against Allison in bankruptcy court.
C) Allison's father is released only if the bank failed to take sufficient steps to sue Allison and require payment of the loan before she filed for bankruptcy.
D) Allison's father is liable for the debt as he was when he initially signed the loan agreement.
E) Allison's father is released in the same manner that Allison is released.
G) C) and D)
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B) False
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B) False
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A) That the plaintiff properly installed the liner but was not entitled to foreclose because a section of the wall of the pond collapsed and the liner did not serve the purpose for which it was requested.
B) That the plaintiff installed a defective liner and was not entitled to foreclose.
C) That although the plaintiff had installed a defective liner,the plaintiff was entitled to foreclose because the defendant did not object to the lien within 10 days.
D) That although the plaintiff had installed a defective liner,the plaintiff was entitled to foreclose because the defendant did not object to the lien within 30 days.
E) That the plaintiff properly installed the liner and was entitled to foreclose.
G) A) and D)
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