Civil Process Exam with Correct Answers

A prejudgment or provisional remedy is a? - temporary remedy ordered by the court before final judgment and pending an action's disposition, intended to maintain the status quo between the parties by protecting a person's safety or preserving disputed property. There are four (4) basic prejudgment remedies provided under North Carolina law, what are they? - They are: 1. Attachment 2. Garnishment 3. Claim and delivery 4. Restraining orders or injunctions. Attachment is a court order authorizing? - the seizure of a debtor's real or personal property sufficient in amount to satisfy a judgment if the creditor ultimately prevails in the lawsuit. The purpose of an attachment is to assure the creditor that? - any judgment obtained will be able to be satisfied by the sale of the attached property. The purposes of the garnishment proceeding are to? - Discover and subject to attachment tangible personal property of the defendant, not in his possession, but the possession of another person and any indebtedness or other intangible personal property belonging to the defendant. In North Carolina, garnishing people's future earnings is generally not? - legal. A garnishment is essentially a warning to a third person who has? - possession of property owned by a defendant or who owes the defendant a debt not to pay the money or deliver the property to the defendant or otherwise dispose of it. Claim and delivery is a process which involves two (2) different processes, what are they? - Notice of Hearing and an Order of Seizure. The purpose of claim and delivery is to? - claim the immediate delivery of certain specified personal property. The most common types of restraining orders that affect law enforcement officers in North Carolina are? - Domestic violence protective orders such as emergency relief orders, ex parte domestic violence protective orders, and the longer lasting domestic violence protective order.