§ 1316.Order of attachment on notice; temporary restraining order; contents

Article 13-A gives a claiming authority two paths to an attachment: on notice to the defendant, or without notice at all. Section 1316 covers the on-notice path's protective gap. While a motion for an order of attachment made on notice is pending, a court can still grant a temporary restraining order, without notice to the defendant, barring a garnishee from transferring the defendant's assets in the meantime, using the same transfer-prohibition described in section 1320(2).

This stops property from vanishing while the parties argue over whether the full attachment should issue. Once the court rules on the underlying motion, the order of attachment itself takes over, and its required contents are the same ones section 1317(1) lays out for orders granted without notice. Section 1316 exists for the narrower, on-notice track; section 1317 covers the separate procedure for attachment sought without any notice at all.