§ 6211 — Order of attachment without notice

New York § 6211

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 62: Attachment

Text

§ 6211. Order of attachment without notice. (a) When granted;\ncontents. An order of attachment may be granted without notice, before\nor after service of summons and at any time prior to judgment, or as\nprovided in section sixty-two hundred five of this article. It shall\nspecify the amount to be secured by the order of attachment including\nany interest, costs and sheriff's fees and expenses, be indorsed with\nthe name and address of the plaintiff's attorney and shall be directed\nto the sheriff of any county or of the city of New York where any\nproperty in which the defendant has an interest is located or where a\ngarnishee may be served. The order shall direct the sheriff to levy\nwithin his jurisdiction, at any time before final judgment, upon such\nproperty in which the defendant has an interest and upon such debts\nowing to the defendant as will satisfy the amount specified in the order\nof attachment.\n (b) Confirmation of order. Except where an order of attachment is\ngranted on the ground specified in subdivision one of section 6201, an\norder of attachment granted without notice shall provide that within a\nperiod not to exceed five days after levy, the plaintiff shall move, on\nsuch notice as the court shall direct to the defendant, the garnishee,\nif any, and the sheriff, for an order confirming the order of\nattachment. Where an order of attachment without notice is granted on\nthe ground specified in subdivision one of section 6201, the court shall\ndirect that the statement required by section 6219 be served within five\ndays, that a copy thereof be served upon the plaintiff, and the\nplaintiff shall move within ten days after levy for an order confirming\nthe order of attachment. If the plaintiff upon such motion shall show\nthat the statement has not been served and that the plaintiff will be\nunable to satisfy the requirement of subdivision (b) of section 6223\nuntil the statement has been served, the court may grant one extension\nof the time to move for confirmation for a period not to exceed ten\ndays. If plaintiff fails to make such motion within the required period,\nthe order of attachment and any levy thereunder shall have no further\neffect and shall be vacated upon motion. Upon the motion to confirm, the\nprovisions of subdivision (b) of section 6223 shall apply. An order of\nattachment granted without notice may provide that the sheriff refrain\nfrom taking any property levied upon into his actual custody, pending\nfurther order of the court.\n