An order of attachment is annulled when the action in which it was granted abates or is discontinued or a judgment entered therein in favor of the claiming authority is fully satisfied, or a judgment is entered therein in favor of the defendant. In the last specified case a stay of proceedings suspends the effect of the annulment, and a reversal or vacating of the judgment revives the order of attachment.
§ 1330.Annulment of attachment
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSection 1330 states when an order of attachment automatically ends, on abatement or discontinuance of the action, full satisfaction of a judgment for the claiming authority, or entry of judgment for the defendant, and how a stay or reversal affects that annulment.
Full Text of CPLR 1330
Plain-English Summary
Section 1330 closes out the attachment lifecycle. An order of attachment is annulled, meaning it ends on its own, when the underlying action abates or is discontinued, when a judgment favoring the claiming authority is fully satisfied, or when judgment is entered for the defendant.
The last of those triggers gets a further wrinkle. If judgment goes to the defendant but proceedings are stayed, the stay suspends the annulment's effect rather than letting it take hold right away. And if that judgment for the defendant is later reversed or vacated on appeal, the order of attachment revives, so the claiming authority does not have to start the attachment process over from scratch while the case works its way through appellate review.
Where sections 1328 and 1329 give parties ways to end an attachment early, through security or through a motion attacking its necessity, section 1330 addresses the natural stopping points built into the life of the case itself.
Frequently Asked Questions
When does an attachment automatically end in a forfeiture case?
When the action abates or is discontinued, when a judgment for the claiming authority is fully satisfied, or when judgment is entered for the defendant.
If I win my forfeiture case, is the attachment on my property lifted right away?
The annulment takes hold, but if proceedings are stayed, the stay suspends that effect until the stay ends.
What happens to the attachment if my winning judgment gets reversed on appeal?
The reversal or vacating of the judgment revives the order of attachment.
Does paying off the judgment against me end the attachment?
Yes, once a judgment favoring the claiming authority is fully satisfied, the attachment is annulled.
Does discontinuing the forfeiture action end the attachment automatically?
Yes, discontinuance of the action is one of the triggers listed in section 1330 that annuls the order of attachment.
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: annulment of attachment New York forfeiturewhen does attachment end forfeiture New Yorkattachment revived on appeal New Yorkforfeiture attachment termination