1. The provisional remedies of attachment, injunction, receivership and notice of pendency provided for herein, shall be available in all actions to recover property under this article. 2. On a motion for a provisional remedy, the claiming authority shall state whether any other provisional remedy has previously been sought in the same action against the same defendant. The court may require the claiming authority to elect between those remedies to which it would otherwise be entitled. 3. A court may grant an application for a provisional remedy when it determines that: (a) there is a substantial probability that the claiming authority will be able to demonstrate at trial that the property is the proceeds, substituted proceeds, instrumentality of the crime or real property instrumentality of the crime, that the claiming authority will prevail on the issue of forfeiture, and that failure to enter the order may result in the property being destroyed, removed from the jurisdiction of the court, or otherwise be unavailable for forfeiture; (b) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order may operate; and (c) in an action relating to real property, that entry of the requested order will not substantially diminish, impair, or terminate the lawful property interest in such real property of any person or persons other than the defendant or defendants. 4. Upon motion of any party against whom a provisional remedy granted pursuant to this article is in effect, the court may issue an order modifying or vacating such provisional remedy if necessary to permit the moving party to obtain funds for the payment of reasonable living expenses, other costs or expenses related to the maintenance, operation, or preservation of property which is the subject of any such provisional remedy or reasonable and bona fide attorneys’ fees and expenses for the representation of the defendant in the forfeiture proceeding or in a related criminal matter relating thereto, payment for which is not otherwise available from assets of the defendant which are not subject to such provisional remedy. Any such motion shall be supported by an affidavit establishing the unavailability of other assets of the moving party which are not the subject of such provisional remedy for payment of such expenses or fees. That funds sought to be released under this subdivision are alleged to be the proceeds, substituted proceeds, instrumentality of a crime or real property instrumentality of a crime shall not be a factor for the court in considering and determining a motion made pursuant to this subdivision.
§ 1312.Provisional remedies; generally.
Article 13-A. Proceeds of Crime—forfeiture · Last amended 2019 · Last verified July 21, 2026
In one sentenceSection 1312 makes attachment, injunction, receivership, and notice of pendency available in every Article 13-A forfeiture action, sets the three-part standard a claiming authority must meet to freeze property before trial, and allows release of funds for living or legal expenses.
Full Text of CPLR 1312
Plain-English Summary
Once a forfeiture action names property as the proceeds or instrumentality of a crime, the claiming authority usually wants to keep that property from disappearing before trial. Section 1312 opens the toolbox: attachment, injunction, receivership, and notice of pendency are all available in any action under this article. If the claiming authority has already sought one remedy against the same defendant in the same case, it must say so, and a court can force it to choose among the remedies rather than stack them.
To get a provisional remedy granted, the claiming authority must clear three hurdles. First, it must show a substantial probability that the property is tied to the crime, that the claiming authority will win the forfeiture claim, and that without the order the property could be destroyed, moved out of the court's reach, or otherwise made unavailable. Second, the need to preserve the property must outweigh the hardship the order would impose on whoever it targets. Third, when the case involves real property, the order cannot substantially harm the lawful interests of anyone other than the defendant, a rule that dovetails with the protections for innocent occupants found in section 1311(4-a).
The section also gives a defendant, or anyone else the remedy affects, a way to loosen its grip. A court can modify or vacate a provisional remedy so the moving party can pay reasonable living expenses, cover the cost of maintaining or preserving the property, or pay bona fide attorney's fees for the forfeiture case or a related criminal matter, when no other funds are available. The moving party has to show, by affidavit, that no unattached assets exist to cover those costs, and the statute makes clear that the mere allegation that the frozen funds are crime proceeds cannot be held against that motion.
Frequently Asked Questions
What kinds of provisional remedies can prosecutors get in a forfeiture case?
Attachment, injunction, receivership, and notice of pendency are all available under section 1312.
What must the claiming authority prove to freeze my property before trial?
A substantial probability that the property is tied to the crime and that the claiming authority will prevail, a risk the property will disappear without the order, a balance of hardship favoring the order, and, for real property, no substantial harm to lawful interests belonging to anyone other than the defendant.
Can I get money released from a frozen account to pay my attorney?
Yes, subdivision 4 lets a court modify or vacate a provisional remedy to release funds for bona fide attorney's fees when no other assets are available to cover them.
Can prosecutors seek more than one provisional remedy against me at the same time?
They can seek several, but they must disclose whether they have already sought another remedy in the same action against you, and the court can require them to elect among the remedies.
Does it matter that the frozen money is alleged to be drug proceeds when I ask the court to release funds for living expenses?
No, subdivision 4 states that this allegation is not a factor the court considers when deciding a motion to release funds for reasonable living expenses or attorney's fees.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984, and applicable to crimes committed on and after Aug 1, 1984; amd, L 1990, ch 655, §§ 11, 12, eff Nov 1, 1990; L 2019, ch 55, § 3 (Part PP), effective October 9, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: forfeiture provisional remedy New Yorkasset freeze before forfeiture trial New Yorkcivil forfeiture attachment standard New Yorkrelease funds for attorney fees forfeiturenotice of pendency forfeiture New York