§ 1313.Debt or property subject to attachment; proper garnishee
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
Full Text of CPLR 1313
Plain-English Summary
Section 1313 is a bridge provision. It states plainly that any debt or property capable of satisfying a forfeiture judgment can be attached, without limiting the reach to cash or to property already in the defendant's physical possession. It then borrows an existing framework rather than building a new one: the proper garnishee for a forfeiture attachment is the same person or entity that CPLR 5201 recognizes as a proper garnishee for enforcing an ordinary money judgment.
To make that borrowed language fit the forfeiture context, the section directs that wherever section 5201 and section 105(i) refer to a 'judgment debtor,' that phrase should be read as 'defendant' for purposes of a forfeiture attachment. This short section does not describe how attachment works on the ground; it sets the baseline that sections 1314 through 1330 build on, covering priority among competing claimants, the mechanics of levy, garnishee duties, and how an attachment can be discharged or vacated.
Frequently Asked Questions
What law decides who counts as a proper garnishee in a forfeiture attachment?
CPLR 5201, the same provision that governs proper garnishees for enforcing ordinary money judgments.
Can any property connected to me be attached, or only cash?
Any debt or property that could satisfy a forfeiture judgment is subject to attachment, not only cash.
Why does 1313 talk about 'judgment debtors' if I haven't been sued over a debt?
Because it borrows Article 62's language wholesale and directs courts to read 'judgment debtor' as 'defendant' when applying those rules to a forfeiture action.
Does this section create a new attachment procedure just for forfeiture cases?
No, it triggers the use of the existing Article 62 attachment framework, with the detailed forfeiture-specific mechanics spelled out in sections 1314 through 1330.
Is my bank a proper garnishee if the state attaches funds in my account?
Yes, a bank holding a debt owed to the defendant or property in which the defendant has an interest fits the CPLR 5201 definition of a proper garnishee that section 1313 imports.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.