Within ten days after service upon a garnishee of an order of attachment, or within such shorter time as the court may direct, the garnishee shall serve upon the claiming agent a statement specifying all debts of the garnishee to the defendant, when the debts are due, all property in the possession or custody of the garnishee in which the defendant has an interest, and the amounts and value of the debts and property specified. If the garnishee has money belonging to, or is indebted to, the defendant in at least the amount of the attachment, he or she may limit his or her statement to that fact.
§ 1325.Garnishee’s statement
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSection 1325 requires a garnishee served with an order of attachment to disclose, within ten days, every debt owed to the defendant and all property of the defendant's in the garnishee's possession, though a shorter statement suffices if the garnishee already holds at least the attachment amount.
Full Text of CPLR 1325
Plain-English Summary
Section 1325 fills in a gap left once a garnishee has been served: the claiming agent needs to know exactly what the garnishee owes or holds. Within ten days of service, or a shorter time the court sets, the garnishee must serve the claiming agent with a statement listing every debt owed to the defendant and when it comes due, all property of the defendant's in the garnishee's possession or custody, and the amounts or values involved.
The statute allows one shortcut: a garnishee that already owes the defendant, or holds money belonging to the defendant, in an amount at least equal to the attachment can limit its statement to that single fact rather than itemizing everything. That saves a bank or employer from an extensive accounting once it is clear enough value is already on hand to cover the attachment.
This disclosure duty supports the claiming agent's work under section 1320, which depends on knowing what property or debts exist to be collected, and it complements the broader disclosure remedy in section 1326, available to any interested person who needs more information than a garnishee's statement provides.
Frequently Asked Questions
How long does a garnishee have to respond after being served with an attachment order?
Ten days, unless the court directs a shorter time.
What must be in the garnishee's statement?
All debts owed to the defendant and when they come due, all property of the defendant's the garnishee holds, and the amounts or values involved.
Can a bank shorten its response if it already holds enough to cover the whole attachment?
Yes, if it holds money belonging to, or owes a debt to, the defendant in an amount at least equal to the attachment, it may limit its statement to that fact.
What happens if a garnishee ignores the ten-day deadline?
The claiming authority can pursue other mechanisms, such as the compelling proceeding under section 1320(4) or the disclosure remedy under section 1326, to obtain the information or payment.
Is this the only way to find out what a garnishee holds for the defendant?
No, section 1326 gives any interested person a broader way to seek a court order compelling disclosure about the defendant's property or debts.
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 statement forfeiture New Yorkten day disclosure attachment New Yorkbank disclosure attachment forfeituregarnishee response attachment order