Upon motion of any interested person, at any time after the granting of an order of attachment and prior to final judgment in the action, upon such notice as the court may direct, the court may order disclosure by any person of information regarding any property in which the defendant has or may have interest, or any debts owed or which may be owed to the defendant.
§ 1326.Disclosure
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSection 1326 lets any interested person move, at any time after an order of attachment is granted and before judgment, for a court order compelling disclosure of information about property or debts connected to the defendant.
Full Text of CPLR 1326
Plain-English Summary
Section 1326 supplies a broader information-gathering tool than the garnishee's statement required under section 1325. Where that statement is limited to the garnishee served with the order, section 1326 reaches 'any person' and is available to 'any interested person,' language that extends beyond the parties formally named in the forfeiture action.
The remedy can be used to track down additional assets, check a garnishee's earlier statement against outside information, or help a defendant or an adverse claimant understand the scope of what the attachment covers. The court sets whatever notice it thinks appropriate before ordering disclosure, giving it flexibility based on the case.
This tool complements the pre-action subpoena authorized by section 1311-a and the special proceeding to compel payment described in section 1320(4), filling the gap for information gathering after an attachment is granted but before the case reaches judgment.
Frequently Asked Questions
Who can ask a court to order disclosure about attached property?
Any interested person, at any time after the order of attachment is granted and before final judgment.
What can a disclosure order under section 1326 require someone to reveal?
Information about any property in which the defendant has or may have an interest, or any debts owed, or that may come to be owed, to the defendant.
Do I need to already be a party to the forfeiture action to seek disclosure?
No, the section applies to 'any interested person,' language broader than the parties formally named in the action.
Is this the only discovery tool available in a forfeiture case?
No, it works alongside the pre-action subpoena in section 1311-a and the standard discovery devices otherwise available under the CPLR.
What kind of notice is required before a court orders disclosure?
Whatever notice the court directs, which gives the judge flexibility based on the circumstances of the case.
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: disclosure order attachment forfeiture New Yorkcompel disclosure forfeiture propertypost-attachment discovery New Yorkinterested person disclosure forfeiture