Section 1317. Order of attachment without notice  


Latest version.
  • 1. 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. It  shall  specify
      the  amount  to  be  secured  by  the  order of attachment including any
      interest, costs and any claiming agent's fees and expenses, be  endorsed
      with  the  name  and  address  of  the  claiming  authority and shall be
      directed to a claiming agent in any county or in 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  claiming
      agent  to  levy within his or her 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.
        2. Confirmation of order.  An  order  of  attachment  granted  without
      notice  shall provide that within a period not to exceed five days after
      levy, the claiming authority shall move, on such  notice  as  the  court
      shall  direct  to the defendant, the garnishee, if any, and the claiming
      agent, for an order confirming the order of attachment. If the  claiming
      authority  fails  to  make  such  motion within the required period, the
      order of attachment and levy thereunder shall have no further effect and
      shall be vacated upon motion. Upon the motion to confirm, the provisions
      of subdivision two of section one thousand three hundred twenty-nine  of
      this  article shall apply. An order of attachment granted without notice
      may provide that the claiming agent refrain  from  taking  any  property
      levied upon into his actual custody, pending further order of the court.