1. When a Bank Account Can Be Reached by Prejudgment Attachment
Creditors seeking prejudgment attachment must establish one of the statutory grounds in CPLR 6201. CPLR 6212(a) also requires a cause of action, a probability of success on the merits, and a demand exceeding known counterclaims. These requirements shape Prejudgment Attachment analysis in commercial disputes.
Cplr 6201 Grounds and the Money-Judgment Requirement
An attachment order is available in actions in which the plaintiff demands and would be entitled to a money judgment. Creditors cannot utilize Article 62 remedies in purely equitable actions or claims seeking non-monetary declaratory relief. The applicable ground depends on the defendant's status, conduct, and the nature of the action.
Evidentiary Requirements under Cplr 6212(a)
CPLR 6212(a) requires affidavits and other written evidence supporting the cause of action, probability of success, an attachment ground under CPLR 6201, and the amount demanded. The court evaluates whether those materials satisfy the statutory showing. A verified complaint is not independently required in every attachment application.
2. Which Bank or Branch Is the Proper Garnishee?
A bank may be a garnishee when it holds property in which the defendant has an interest or owes a debt to the defendant. Service of the attachment order on the proper garnishee is then necessary to effect a levy under CPLR 6214. Identifying the entity and branch that holds the target property is therefore central to determining the reach of the levy.
Foreign Branch Accounts and the Separate Entity Rule
Under the separate entity rule, bank branches may be treated separately for attachment and restraint purposes. In Motorola Credit Corp. .. Standard Chartered Bank, 24 N.Y.3d 149 (2014), the Court of Appeals held that service on a domestic branch did not restrain assets held in foreign branches. Service on one branch therefore should not be assumed to reach accounts maintained abroad.
Determining Garnishee Liability for Restrained Accounts
A bank served with an attachment order must comply with the levy to the extent covered property or debts fall within CPLR 6214. Service on an improper entity or unrelated branch may fail to reach the target account. Identifying the branch that holds the account is therefore central to determining the reach of the levy.
3. How a Levy Reaches Bank Deposits and Debts
A levy under CPLR 6214 is made by serving the order of attachment on the proper garnishee. Service can restrain covered property or debts within the scope of the levy, while the sheriff may later take deliverable property into actual custody or collect covered debts. Related Bank Account Garnishment procedures involve separate rules for reaching funds held by financial institutions.
Cplr 6214 Service Mechanics and Garnishee Restrictions
Service of the attachment order restrains covered property or debts within the scope of CPLR 6214. The garnishee generally may not transfer, interfere with, or pay over property or debts subject to the levy except as permitted by statute, sheriff direction, or court order. Noncompliance may expose the garnishee to liability arising from the improper transfer or payment.
The Ninety-Day Levy Period
A levy by service generally becomes void after ninety days unless the court extends the period, the sheriff has taken or collected the property or debt, or a proceeding under CPLR 6214(d) has begun. The creditor may use that proceeding to compel payment, delivery, or transfer to the sheriff. The statutory framework should not be described simply as a ninety-day perfection deadline.
4. Garnishee Statements and Attachment Disclosure
Once an attachment order is served, CPLR 6219 requires the garnishee to provide a statement concerning property or debts connected to the defendant. The garnishee generally must serve the statement on the sheriff within ten days after service, unless the court directs a shorter period. The statement helps identify whether the garnishee holds property or owes a debt that falls within the attachment.
The Ten-Day Statement under Cplr 6219
The garnishee must serve the sheriff with a statement within ten days after service, unless the court directs a shorter period. The statement generally identifies debts, property, amounts, and values associated with the defendant. If the garnishee holds money or owes at least the amount of the attachment, the statute permits a more limited statement.
Judicial Disclosure under Cplr 6220
CPLR 6220 allows an interested person to move for disclosure after an attachment order is granted and before final judgment. The court may order disclosure concerning property in which the defendant has an interest or debts owed to the defendant. This procedure is not limited to cases in which the garnishee's ten-day statement is missing or incomplete.
5. Ex Parte Attachment, Confirmation, and Statutory Undertaking
A creditor may seek an attachment order without notice under CPLR 6211 when the statutory requirements for ex parte relief are satisfied. When an order is granted ex parte, the creditor must move to confirm the attachment within strict statutory timeframes. Failing to timely file a motion to confirm causes the ex parte order and levy to lose further effect.
Ex Parte Orders and Confirmation Timelines
An ex parte attachment generally requires a motion to confirm within a period not exceeding five days after levy. When the order rests on CPLR 6201(1), CPLR 6211(b) provides a different procedure involving the garnishee statement and a ten-day confirmation period. Missing the applicable deadline causes the order and levy to lose further effect.
Statutory Undertaking Requirements under Cplr 6212(B)
CPLR 6212(b) requires the plaintiff to give an undertaking in an amount fixed by the court, with a statutory minimum of five hundred dollars. The undertaking covers costs and damages, including reasonable attorney's fees, if the defendant recovers judgment or it is finally determined that the plaintiff was not entitled to the attachment. The amount above the statutory minimum is set by the court.
6. Federal Court Attachment under Rule 64
Federal court actions seeking prejudgment attachment are governed by Rule 64 of the Federal Rules of Civil Procedure. Rule 64 makes state-law attachment remedies available in federal court unless a federal statute governs. A federal court using Article 62 applies the incorporated attachment requirements while the underlying civil action remains subject to the Federal Rules of Civil Procedure.
| Procedure Step | State Court Framework (CPLR) | Federal Court Framework (FRCP) |
|---|---|---|
| Governing Authority | CPLR Article 62 Statutory Rules | FRCP Rule 64 Incorporating State Law |
| Garnishee Response | CPLR 6219 10-Day Statement | Article 62 10-Day Statement Through Rule 64 |
| Levy Restraint Mechanics | CPLR 6214 Levy and 90-Day Framework | Article 62 Levy Rules Through Rule 64 |
Rule 64 does not require a parallel state court filing. Federal courts evaluate state substantive attachment grounds, such as CPLR 6201, alongside federal procedural management. Litigants must follow both federal court schedules and state statutory confirmation timeframes.
12 Aug, 2026
