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This entry was published on 2014-09-22
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Reclaiming, impounding or returning chattel
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 71
§ 7103. Reclaiming, impounding or returning chattel. (a) Reclaiming
chattel. A chattel may be reclaimed by any person claiming the right to
its possession, except a defendant claiming only a lien thereon or a
security interest therein , by service upon the sheriff, and upon all
parties to the action, of a notice that the reclaiming party requires a
return of all or part of the chattels replevied; an undertaking executed
as required by subdivision (e) of section 7102 and an affidavit stating
that the reclaiming party is entitled to possession by virtue of facts
set forth. The sheriff shall retain custody of the chattel for ten days
after such papers have been served upon him. At the expiration of such
period he shall deliver the chattel to the person serving the notice if
there has not been served upon him a notice of exception to sureties or
a notice of motion for an impounding order. Upon failure by the surety
to justify, the sheriff shall deliver possession of the chattel to the
plaintiff. If more than one person serves a reclaiming notice on the
sheriff, the sheriff shall move, on notice to all parties, to have the
court determine to whom the chattel shall be delivered.

(b) Impounding chattel. A chattel which is in the custody of the
sheriff may be impounded pending judgment or further order of the court,
upon motion of any person claiming the right to its possession, upon
notice to the sheriff and to all parties to the action. The motion shall
be granted if the chattel is of such a nature, or the circumstances are
such, that the moving party, if found to be entitled to possession,
would not be adequately compensated for its loss by the payment of its
pecuniary value. An undertaking shall accompany the motion, in an amount
not less than two hundred and fifty dollars, that the moving party will
indemnify the sheriff for all expenses incurred by him in transporting,
handling and safekeeping the chattel pending determination of the
motion, and, if the motion is granted, pending judgment or further order
of the court. All expenses resulting from impounding shall be taxed as
disbursements in the action as the court may direct.

(c) Returning chattel. 1. If a chattel which is in the custody of the
sheriff is personal property which if owned by a defendant would be
exempt from application to the satisfaction of a money judgment, if the
value of the possession of the chattel to the defendant is greater than
the value of its possession to the plaintiff, if the interest of the
plaintiff would not thereby be prejudiced and if the interests of
justice so require, upon motion of the defendant, upon notice to the
sheriff and to all parties to the action, and on such terms and on such
security and conditions as to the court may seem proper, the court may
order its return to the defendant.

2. If the court orders the return of the chattel to the defendant, it
shall grant a restraining order that the chattel shall not be removed
from the state if it is a vehicle, aircraft or vessel or, otherwise,
from its location, transferred, sold, pledged, assigned or otherwise
disposed of or permitted to become subject to a security interest or
lien until further order of the court. Unless the court otherwise
directs, the restraining order does not prohibit a disposition of the
chattel to the plaintiff. Disobedience of the order may be punished as a
contempt of court.

(d) Additional parties. A motion under this section, or service upon
plaintiff of a notice of reclamation or exception to surety by a person
not a party to the action, makes such a person a party to the action.
Plaintiff shall serve a copy of the complaint upon such person within
twenty days after he becomes a party.