N.Y.
Civil Practice Law & Rules Section 6211
Order of attachment without notice
(a)
When granted; contents. An order of attachment may be granted without notice, before or after service of summons and at any time prior to judgment, or as provided in § 6205 (Order of attachment in certain cases)section sixty-two hundred five of this article. It shall specify the amount to be secured by the order of attachment including any interest, costs and sheriff’s fees and expenses, be indorsed with the name and address of the plaintiff’s attorney and shall be directed to the sheriff of any county or of the city of New York where any property in which the defendant has an interest is located or where a garnishee may be served. The order shall direct the sheriff to levy within his jurisdiction, at any time before final judgment, upon such property in which the defendant has an interest and upon such debts owing to the defendant as will satisfy the amount specified in the order of attachment.(b)
Confirmation of order. Except where an order of attachment is granted on the ground specified in subdivision one of section 6201, an order of attachment granted without notice shall provide that within a period not to exceed five days after levy, the plaintiff shall move, on such notice as the court shall direct to the defendant, the garnishee, if any, and the sheriff, for an order confirming the order of attachment. Where an order of attachment without notice is granted on the ground specified in subdivision one of section 6201, the court shall direct that the statement required by section 6219 be served within five days, that a copy thereof be served upon the plaintiff, and the plaintiff shall move within ten days after levy for an order confirming the order of attachment. If the plaintiff upon such motion shall show that the statement has not been served and that the plaintiff will be unable to satisfy the requirement of subdivision (b) of section 6223 until the statement has been served, the court may grant one extension of the time to move for confirmation for a period not to exceed ten days. If plaintiff fails to make such motion within the required period, the order of attachment and any levy thereunder shall have no further effect and shall be vacated upon motion. Upon the motion to confirm, the provisions of subdivision (b) of section 6223 shall apply. An order of attachment granted without notice may provide that the sheriff refrain from taking any property levied upon into his actual custody, pending further order of the court.
Source:
Section 6211 — Order of attachment without notice, https://www.nysenate.gov/legislation/laws/CVP/6211 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
