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This entry was published on 2014-09-22
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Proceedings to determine adverse claims
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 62
§ 6221. Proceedings to determine adverse claims. Prior to the
application of property or debt to the satisfaction of a judgment, any
interested person may commence a special proceeding against the
plaintiff to determine the rights of adverse claimants to the property
or debt. Service of process in such a proceeding shall be made by
serving a notice of petition upon the sheriff and upon each party in the
same manner as a notice of motion. The proceeding may be commenced in
the county where the property was levied upon, or in the county where
the order of attachment is filed. The court may vacate or discharge the
attachment, void the levy, direct the disposition of the property or
debt, direct that undertakings be provided or released, or direct that
damages be awarded. Where there appear to be disputed questions of fact,
the court shall order a separate trial, indicating the person who shall
have possession of the property pending a decision and the undertaking,
if any, which such person shall give. If the court determines that the
adverse claim was fraudulent, it may require the claimant to pay the
plaintiff the reasonable expenses incurred in the proceeding, including
reasonable attorney's fees, and any other damages suffered by reason of
the claim. The commencement of the proceeding shall not of itself
subject the adverse claimant to personal jurisdiction with respect to
any matter other than the claim asserted in the proceeding.