§ 1317.Order of attachment without notice

Section 1317 covers the surprise path to attachment. A court may grant an order of attachment without notice to the defendant, before or after the summons is served, at any point before judgment. The order must specify the amount to be secured, including interest, costs, and the claiming agent's fees and expenses, must be endorsed with the claiming authority's name and address, and must direct a claiming agent in the relevant county, or in New York City, to levy on the defendant's property or on debts owed to the defendant, up to that amount.

Because attachment without notice is a powerful tool, the statute forces a quick check on it. Within five days after levy, the claiming authority must move, on notice to the defendant, the garnishee, and the claiming agent, to confirm the order. Miss that window and the order of attachment and the levy under it have no further effect and must be vacated on motion. When the claiming authority does move to confirm, the burden-of-proof standard set out in section 1329(2), covering the grounds for attachment, the need to continue the levy, and the likelihood of success on the merits, governs the hearing. The order can also direct the claiming agent to hold off taking actual custody of seized property pending further instruction from the court.