If the claiming authority shall so direct the collecting agent, as an alternative to the method prescribed by section one thousand three hundred twenty of this article, shall levy upon property capable of delivery by taking the property into his actual custody. In cases in which the collecting agent is a sheriff, the sheriff may require that the claiming authority furnish indemnity that is either satisfactory to the sheriff or is fixed by the court. The collecting agent shall within four days serve a copy of the order of attachment in the manner prescribed by subdivision one of section one thousand three hundred twenty of this article upon the person from whose possession or custody the property was taken.
§ 1321.Levy upon personal property by seizure
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSection 1321 lets the claiming agent, when directed by the claiming authority, seize personal property capable of delivery by taking physical custody rather than serving an order on a garnishee, with sheriffs entitled to demand indemnity and a four-day deadline to notify the person who had the property.
Full Text of CPLR 1321
Plain-English Summary
Section 1320 levies by service; section 1321 supplies the alternative for tangible property, physical seizure. If the claiming authority directs it, the collecting agent takes property capable of delivery into actual custody instead of serving an order on a garnishee. When the collecting agent is a sheriff, the sheriff can require the claiming authority to provide indemnity, either satisfactory to the sheriff or fixed by the court, before carrying out the seizure, protecting the sheriff from personal exposure over a seizure that later turns out improper.
After seizing the property, the collecting agent has four days to serve a copy of the order of attachment, using the service method described in section 1320(1), on the person from whose possession or custody the property was taken. That short window gives the person who lost the property prompt notice of the legal basis for the seizure, even though the seizure itself happened first.
Frequently Asked Questions
Can law enforcement physically take my car or other property instead of just serving papers on a bank?
Yes, if the claiming authority directs it, the collecting agent may seize property capable of delivery by taking it into actual custody.
Can a sheriff refuse to seize my property without protection first?
Yes, a sheriff acting as the collecting agent can require the claiming authority to furnish indemnity that is satisfactory to the sheriff or fixed by the court.
Do I get paperwork after my property is physically seized this way?
Yes, the collecting agent must serve a copy of the order of attachment within four days on the person from whose possession the property was taken.
Is physical seizure the only way personal property can be levied upon?
No, section 1320 provides the alternative method of levy by serving the order on a garnishee or on the defendant directly.
Does this section apply to real estate?
No, section 1321 covers personal property capable of delivery; real property is levied upon by filing a notice of attachment under section 1322.
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: seizure of personal property forfeiture New Yorksheriff indemnity attachment New Yorkphysical seizure attachment forfeitureclaiming agent seizure New York