§ 1317 — Order of attachment without notice

New York § 1317

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

Text

§ 1317. Order of attachment without notice. 1. When granted; contents.\nAn order of attachment may be granted without notice, before or after\nservice of summons and at any time prior to judgment. It shall specify\nthe amount to be secured by the order of attachment including any\ninterest, costs and any claiming agent's fees and expenses, be endorsed\nwith the name and address of the claiming authority and shall be\ndirected to a claiming agent in any county or in the city of New York\nwhere any property in which the defendant has an interest is located or\nwhere a garnishee may be served. The order shall direct the claiming\nagent to levy within his or her jurisdiction, at any time before final\njudgment, upon such property in which the defendant has an interest and\nupon such debts owing to the defendant as will satisfy the amount\nspecified in the order of attachment.\n 2. Confirmation of order. An order of attachment granted without\nnotice shall provide that within a period not to exceed five days after\nlevy, the claiming authority shall move, on such notice as the court\nshall direct to the defendant, the garnishee, if any, and the claiming\nagent, for an order confirming the order of attachment. If the claiming\nauthority fails to make such motion within the required period, the\norder of attachment and levy thereunder shall have no further effect and\nshall be vacated upon motion. Upon the motion to confirm, the provisions\nof subdivision two of section one thousand three hundred twenty-nine of\nthis article shall apply. An order of attachment granted without notice\nmay provide that the claiming agent refrain from taking any property\nlevied upon into his actual custody, pending further order of the court.\n