§ 1318 — Motion papers; filing; demand; damages

New York § 1318

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

Text

§ 1318. Motion papers; filing; demand; damages. 1. Affidavit; other\npapers. On a motion for an order of attachment, or for an order to\nconfirm an order of attachment, the claiming authority shall show, by\naffidavit and such other written evidence as may be submitted, that\nthere is a cause of action and showing grounds for relief as required by\nsection one thousand three hundred twelve of this article.\n 2. Filing. Within ten days after the granting of an order of\nattachment, the claiming authority shall file it and the affidavit and\nother papers upon which it was based and the summons and complaint or\nproposed complaint in the action. A court for good cause shown may\nextend the time for such filing upon application of the claiming\nauthority. Unless the time for filing has been extended, the order shall\nbe invalid if not so filed, except that a person upon whom it is served\nshall not be liable for acting upon it as if it were valid without\nknowledge of the invalidity.\n 3. Demand for papers. At any time after property has been levied upon,\nthe defendant may serve upon the claiming authority a written demand\nthat the papers upon which the order of attachment was granted and the\nlevy made be served upon him or her. As soon as practicable after\nservice of the demand, the claiming authority shall cause the papers\ndemanded to be served by mailing the same to the address specified in\nthe demand. A demand under this subdivision shall not of itself\nconstitute an appearance in the action.\n 4. Damages. The claiming authority shall be liable to the defendant\nfor all costs and damages, including reasonable attorney's fees, which\nmay be sustained by reason of the attachment if the defendant recovers\njudgment, or if it is finally decided that the claiming authority was\nnot entitled to an attachment of the defendant's property. In order to\nestablish the claiming authority's liability, the defendant must prove\nby a preponderance of the evidence that in obtaining the order of\nattachment the claiming authority acted without reasonable cause and not\nin good faith.\n