2023 New York Laws › CVP - Civil Practice Law and Rules › Article 62 - Attachment › 6214 - Levy Upon Personal Property by Service of Order.

§ 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.