A person who, pursuant to an order of attachment, pays or delivers to the claiming agent money or other personal property in which a defendant has or will have an interest, or so pays a debt he or she owes the defendant, is discharged from his or her obligation to the defendant to the extent of the payment or delivery.
§ 1315.Discharge of garnishee’s obligation
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSection 1315 protects anyone who pays or delivers property to the claiming agent under an order of attachment, discharging that person's obligation to the defendant to the extent of the payment or delivery.
Full Text of CPLR 1315
Plain-English Summary
Section 1315 is a short liability shield built for third parties, banks, employers, business partners, anyone who owes the defendant money or holds the defendant's property. When such a person complies with an order of attachment by paying or delivering to the claiming agent rather than the defendant, that payment or delivery discharges the obligation owed to the defendant, to the extent of what was paid or delivered.
Without this protection, a garnishee could face the risk of paying twice, once to the claiming agent under court order and again to the defendant who claims the debt was never satisfied. Section 1315 removes that risk and encourages prompt compliance with attachment orders. It works alongside section 1320's levy procedures, which tell a garnishee how to comply, and section 1325's requirement that a garnishee disclose the debts and property it holds.
Frequently Asked Questions
If my bank pays money from my account to the claiming agent under an attachment order, do I still owe that money to whoever the funds belonged to?
No, the payment discharges the bank's obligation to the account holder to the extent of the amount paid.
Why would a garnishee want this protection before complying with an attachment order?
Without it, a garnishee could be sued twice for the same debt or property, once by the claiming agent and once by the defendant who says the debt is unpaid.
Does this section cover debts as well as property?
Yes, it covers both delivering property and paying a debt the garnishee owes the defendant.
Does partial payment give partial protection?
Yes, the discharge applies only to the extent of whatever payment or delivery the garnishee made.
How does a garnishee use this protection if the defendant later sues over the same debt?
The garnishee can raise the discharge under section 1315 as a defense in that later action.
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: garnishee liability forfeiture New Yorkbank pays claiming agent attachmentdischarge of obligation forfeiture New Yorkthird party attachment compliance New York