§ 1329 — Vacating or modifying attachment

New York § 1329

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 13-A: Proceeds of a Crime-forfeiture

Text

§ 1329. Vacating or modifying attachment. 1. Motion to vacate or\nmodify. Prior to the application of property or debt to the satisfaction\nof a judgment, the defendant, the garnishee or any person having an\ninterest in the property or debt may move, on notice to each party and\nthe claiming agent, for an order vacating or modifying the order of\nattachment. Upon the motion, the court may give the claiming authority a\nreasonable opportunity to correct any defect. If, after the defendant\nhas appeared in the action, the court determines that the attachment is\nunnecessary to the security of the claiming authority, it shall vacate\nthe order of attachment. Such a motion shall not of itself constitute an\nappearance in the action.\n 2. Burden of proof. Upon a motion to vacate or modify an order of\nattachment the claiming authority shall have the burden of establishing\nthe grounds for the attachment, the need for continuing the levy and the\nprobability that he or she will succeed on the merits.\n