A person who, pursuant to an order of attachment, pays or delivers to the sheriff money or other personal property in which a defendant has or will have an interest, or so pays a debt he owes the defendant, is discharged from his obligation to the defendant to the extent of the payment or delivery.
§ 6204.Discharge of garnishee’s obligation.
Article 62. Attachment · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6204 protects a garnishee who pays or delivers property to the sheriff under an order of attachment, or pays a debt owed to the defendant, by discharging the garnishee's obligation to the defendant to that extent.
Full Text of CPLR 6204
Plain-English Summary
A garnishee served with an order of attachment faces a real risk: paying the sheriff instead of the defendant could leave the garnishee liable twice if the attachment later turns out invalid. CPLR 6204 removes that risk. Anyone who pays or delivers money or other property to the sheriff under an order of attachment, or pays a debt owed to the defendant in response to that order, is discharged from the underlying obligation to the defendant to the extent of what was paid or delivered.
The discharge tracks the payment dollar for dollar and item for item; a garnishee who turns over only part of what is owed remains liable to the defendant for the rest. But for what the garnishee does hand over, the statute closes the door on the defendant later demanding payment a second time.
Frequently Asked Questions
Am I protected if I pay the sheriff instead of the defendant under an attachment order?
Yes. CPLR 6204 discharges your obligation to the defendant to the extent of what you pay or deliver to the sheriff under the order of attachment.
Does a garnishee need to worry about paying twice after complying with an attachment?
No, not for the amount paid or delivered under the order; CPLR 6204 releases the garnishee from the defendant's claim to that extent.
What if I only pay part of the debt I owe the defendant?
CPLR 6204 discharges the obligation only to the extent of the payment or delivery made, so any remaining balance is still owed to the defendant.
Does CPLR 6204 protect a garnishee even if the attachment is later found invalid?
The section discharges the garnishee's obligation for a payment or delivery made pursuant to the order, which shields compliance made in response to an order that was in effect at the time.
Who benefits from CPLR 6204?
Any garnishee, such as a bank or an employer, who pays a debt or delivers property to the sheriff under an order of attachment.
Advisory Committee Notes
This section parallels § 5209.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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 discharge New Yorkpaying sheriff under attachment ordergarnishee protection New York attachmentdischarge of obligation attachment CPLR