§ 7103 — Reclaiming, impounding or returning chattel

New York § 7103

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 71: Recovery of Chattel

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§ 7103. Reclaiming, impounding or returning chattel. (a) Reclaiming\nchattel. A chattel may be reclaimed by any person claiming the right to\nits possession, except a defendant claiming only a lien thereon or a\nsecurity interest therein , by service upon the sheriff, and upon all\nparties to the action, of a notice that the reclaiming party requires a\nreturn of all or part of the chattels replevied; an undertaking executed\nas required by subdivision (e) of section 7102 and an affidavit stating\nthat the reclaiming party is entitled to possession by virtue of facts\nset forth. The sheriff shall retain custody of the chattel for ten days\nafter such papers have been served upon him. At the expiration of such\nperiod he shall deliver the chattel to the person serving the notice if\nthere has not been served upon him a notice of exception to sureties or\na notice of motion for an impounding order. Upon failure by the surety\nto justify, the sheriff shall deliver possession of the chattel to the\nplaintiff. If more than one person serves a reclaiming notice on the\nsheriff, the sheriff shall move, on notice to all parties, to have the\ncourt determine to whom the chattel shall be delivered.\n (b) Impounding chattel. A chattel which is in the custody of the\nsheriff may be impounded pending judgment or further order of the court,\nupon motion of any person claiming the right to its possession, upon\nnotice to the sheriff and to all parties to the action. The motion shall\nbe granted if the chattel is of such a nature, or the circumstances are\nsuch, that the moving party, if found to be entitled to possession,\nwould not be adequately compensated for its loss by the payment of its\npecuniary value. An undertaking shall accompany the motion, in an amount\nnot less than two hundred and fifty dollars, that the moving party will\nindemnify the sheriff for all expenses incurred by him in transporting,\nhandling and safekeeping the chattel pending determination of the\nmotion, and, if the motion is granted, pending judgment or further order\nof the court. All expenses resulting from impounding shall be taxed as\ndisbursements in the action as the court may direct.\n (c) Returning chattel. 1. If a chattel which is in the custody of the\nsheriff is personal property which if owned by a defendant would be\nexempt from application to the satisfaction of a money judgment, if the\nvalue of the possession of the chattel to the defendant is greater than\nthe value of its possession to the plaintiff, if the interest of the\nplaintiff would not thereby be prejudiced and if the interests of\njustice so require, upon motion of the defendant, upon notice to the\nsheriff and to all parties to the action, and on such terms and on such\nsecurity and conditions as to the court may seem proper, the court may\norder its return to the defendant.\n 2. If the court orders the return of the chattel to the defendant, it\nshall grant a restraining order that the chattel shall not be removed\nfrom the state if it is a vehicle, aircraft or vessel or, otherwise,\nfrom its location, transferred, sold, pledged, assigned or otherwise\ndisposed of or permitted to become subject to a security interest or\nlien until further order of the court. Unless the court otherwise\ndirects, the restraining order does not prohibit a disposition of the\nchattel to the plaintiff. Disobedience of the order may be punished as a\ncontempt of court.\n (d) Additional parties. A motion under this section, or service upon\nplaintiff of a notice of reclamation or exception to surety by a person\nnot a party to the action, makes such a person a party to the action.\nPlaintiff shall serve a copy of the complaint upon such person within\ntwenty days after he becomes a party.\n