Section 6211. Order of attachment without notice  


Latest version.
  • (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. 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.