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This entry was published on 2014-09-22
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SECTION 6214
Levy upon personal property by service of order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 62
§ 6214. Levy upon personal property by service of order. (a) Method of
levy. The sheriff shall levy upon any interest of the defendant in
personal property, or upon any debt owed to the defendant, by serving a
copy of the order of attachment upon the garnishee, or upon the
defendant if property to be levied upon is in the defendant's possession
or custody, in the same manner as a summons except that such service
shall not be made by delivery of a copy to a person authorized to
receive service of summons solely by a designation filed pursuant to a
provision of law other than rule 318.

(b) Effect of levy; prohibition of transfer. A levy by service of an
order of attachment upon a person other than the defendant is effective
only if, at the time of service, such person owes a debt to the
defendant or such person is in the possession or custody of property in
which such person knows or has reason to believe the defendant has an
interest, or if the plaintiff has stated in a notice which shall be
served with the order that a specified debt is owed by the person served
to the defendant or that the defendant has an interest in specified
property in the possession or custody of the person served. All property
in which the defendant is known or believed to have an interest then in
and 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 coming
due to the defendant, shall be subject to the levy. Unless the court
orders otherwise, the person served with the order shall forthwith
transfer or deliver all such property, and pay all such debts upon
maturity, up to the amount specified in the order of attachment, to the
sheriff and execute any document necessary to effect the payment,
transfer or delivery. After such payment, transfer or delivery, property
coming into the possession or custody of the garnishee, or debt incurred
by him, shall not be subject to the levy. Until such payment, transfer
or delivery is made, or until the expiration of ninety days after the
service of the order of attachment upon him, or of such further time as
is provided by any subsequent order of the court served upon him,
whichever event first occurs, the garnishee is forbidden to make or
suffer any sale, assignment or transfer of, or any interference with any
such property, or pay over or otherwise dispose of any such debt, to any
person other than the sheriff, except upon direction of the sheriff or
pursuant to an order of the court. A garnishee, however, may collect or
redeem an instrument received by him for such purpose and he may sell or
transfer in good faith property held as collateral or otherwise pursuant
to pledge thereof or at the direction of any person other than the
defendant authorized to direct sale or transfer, provided that the
proceeds in which the defendant has an interest be retained subject to
the levy. A plaintiff who has specified personal property or debt to be
levied upon in a notice served with an order of attachment shall be
liable to the owner of the property or the person to whom the debt is
owed, if other than the defendant, for any damages sustained by reason
of the levy.

(c) Seizure by sheriff; notice of satisfaction. Where property or
debts have been levied upon by service of an order of attachment, the
sheriff shall take into his actual custody all such property capable of
delivery and shall collect and receive all such debts. When the sheriff
has taken into his actual custody property or debts having value
sufficient to satisfy the amount specified in the order of attachment,
the sheriff shall notify the defendant and each person upon whom the
order of attachment was served that the order of attachment has been
fully executed.

(d) Proceeding to compel payment or delivery. Where property or debts
have been levied upon by service of an order of attachment, the
plaintiff may commence a special proceeding against the garnishee served
with the order to compel the payment, delivery or transfer to the
sheriff of such property or debts, or to secure a judgment against the
garnishee. Notice of petition shall also be served upon the parties to
the action and the sheriff. A garnishee may interpose any defense or
counterclaim which he might have interposed against the defendant if
sued by him. The court may permit any adverse claimant to intervene in
the proceeding and may determine his rights in accordance with section
6221.

(e) Failure to proceed. At the expiration of ninety days after a levy
is made by service of the order of attachment, or of such further time
as the court, upon motion of the plaintiff on notice to the parties to
the action, has provided, the levy shall be void except as to property
or debts which the sheriff has taken into his actual custody, collected
or received or as to which a proceeding under subdivision (d) has been
commenced.