N.Y. CPLR § 6214

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6214 Levy upon personal property by service of order § 6214. Levy upon personal property by service of order. (a) Method oflevy. The sheriff shall levy upon any interest of the defendant inpersonal property, or upon any debt owed to the defendant, by serving acopy of the order of attachment upon the garnishee, or upon thedefendant if property to be levied upon is in the defendant's possessionor custody, in the same manner as a summons except that such serviceshall not be made by delivery of a copy to a person authorized toreceive service of summons solely by a designation filed pursuant to aprovision of law other than rule 318.(b) Effect of levy; prohibition of transfer. A levy by service of anorder of attachment upon a person other than the defendant is effectiveonly if, at the time of service, such person owes a debt to thedefendant or such person is in the possession or custody of property inwhich such person knows or has reason to believe the defendant has aninterest, or if the plaintiff has stated in a notice which shall beserved with the order that a specified debt is owed by the person servedto the defendant or that the defendant has an interest in specifiedproperty in the possession or custody of the person served. All propertyin which the defendant is known or believed to have an interest then inand thereafter coming into the possession or custody of such a person,including any specified in the notice, and all debts of such a person,including any specified in the notice, then due and thereafter comingdue to the defendant, shall be subject to the levy. Unless the courtorders otherwise, the person served with the order shall forthwithtransfer or deliver all such property, and pay all such debts uponmaturity, up to the amount specified in the order of courtorders otherwise, the person served with the order shall forthwithtransfer or deliver all such property, and pay all such debts uponmaturity, up to the amount specified in the order of attachment, to thesheriff and execute any document necessary to effect the payment,transfer or delivery. After such payment, transfer or delivery, propertycoming into the possession or custody of the garnishee, or debt incurredby him, shall not be subject to the levy. Until such payment, transferor delivery is made, or until the expiration of ninety days after theservice of the order of attachment upon him, or of such further time asis provided by any subsequent order of the court served upon him,whichever event first occurs, the garnishee is forbidden to make orsuffer any sale, assignment or transfer of, or any interference with anysuch property, or pay over or otherwise dispose of any such debt, to anyperson other than the sheriff, except upon direction of the sheriff orpursuant to an order of the court. A garnishee, however, may collect orredeem an instrument received by him for such purpose and he may sell ortransfer in good faith property held as collateral or otherwise pursuantto pledge thereof or at the direction of any person other than thedefendant authorized to direct sale or transfer, provided that theproceeds in which the defendant has an interest be retained subject tothe levy. A plaintiff who has specified personal property or debt to belevied upon in a notice served with an order of attachment shall beliable to the owner of the property or the person to whom the debt isowed, if other than the defendant, for any damages sustained by reasonof the levy.(c) Seizure by sheriff; notice of satisfaction. Where property ordebts have been levied upon by service of an order of attachment, thesheriff shall take into his actual custody all such property capable ofdelivery and shall collect and ction. Where property ordebts have been levied upon by service of an order of attachment, thesheriff shall take into his actual custody all such property capable ofdelivery and shall collect and receive all such debts. When the sheriffhas taken into his actual custody property or debts having valuesufficient to satisfy the amount specified in the order of attachment,the sheriff shall notify the defendant and each person upon whom theorder of attachment was served that the order of attachment has beenfully executed.(d) Proceeding to compel payment or delivery. Where property or debtshave been levied upon by service of an order of attachment, theplaintiff may commence a special proceeding against the garnishee servedwith the order to compel the payment, delivery or transfer to thesheriff of such property or debts, or to secure a judgment against thegarnishee. Notice of petition shall also be served upon the parties tothe action and the sheriff. A garnishee may interpose any defense orcounterclaim which he might have interposed against the defendant ifsued by him. The court may permit any adverse claimant to intervene inthe proceeding and may determine his rights in accordance with section6221.(e) Failure to proceed. At the expiration of ninety days after a levyis made by --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only service of the order of attachment, or of such further timeas the court, upon motion of the plaintiff on notice to the parties tothe action, has provided, the levy shall be void except as to propertyor debts which the sheriff has taken into his actual custody, collectedor received or as to which a proceeding under subdivision (d) has beencommenced. CPLR § 6214 Page 2