RulesofCivilProcedure.com Civil Procedure · Every State

§ 1313.Debt or property subject to attachment; proper garnishee

Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026

In one sentenceSection 1313 makes any debt or property that could satisfy a forfeiture judgment subject to attachment and borrows Article 62's garnishee rules, treating the forfeiture defendant the way CPLR 5201 treats an ordinary judgment debtor.

Full Text of CPLR 1313

Text size

Any debt or property against which a forfeiture judgment may be enforced as provided under this article is subject to attachment. The proper garnishee of any such property or debt is the person designated as a proper garnishee for purposes of enforcing money judgments in section five thousand two hundred one of this chapter. For the purpose of applying the provisions to attachment, references to a “judgment debtor” in section five thousand two hundred one and in subdivision (i) of section one hundred five of this chapter shall be construed to mean “defendant”.

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.

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 attachment garnishee New Yorkwhat property can be attached in forfeitureCPLR 5201 forfeiture defendantproper garnishee forfeiture New York