§ 6205.Order of attachment in certain cases.
Article 62. Attachment · Last amended 2010 · Last verified July 21, 2026
Full Text of CPLR 6205
Plain-English Summary
Most attachment orders come before judgment, aimed at securing a future recovery. CPLR 6205 works the other way around: it lets a judgment creditor who has already obtained a money judgment against a foreign state reach that state's property here in aid of execution, once the judgment exists.
Because a foreign state's assets carry sovereign-immunity protections under federal law, the statute does not open every asset to attachment. It ties the remedy to 28 U.S.C. Section 1610, the federal Foreign Sovereign Immunities Act provision that lists when a foreign state's property in the United States can be attached or executed upon, and to the definition of "foreign state" in 28 U.S.C. Section 1603. The New York order operates within those federal limits and any other applicable law, rather than expanding what a creditor could otherwise attach.
Frequently Asked Questions
Can a judgment creditor attach a foreign government's property in New York?
Yes, but only in aid of execution on a money judgment already obtained against that foreign state, and only within the limits federal law sets under 28 U.S.C. Section 1610.
Does CPLR 6205 apply before a judgment is entered?
No. It applies in aid of execution, meaning the party seeking attachment must already hold a money judgment against the foreign state.
What law limits attachment of a foreign state's assets under CPLR 6205?
The Foreign Sovereign Immunities Act, specifically 28 U.S.C. Section 1610, along with the definition of foreign state in 28 U.S.C. Section 1603 and any other applicable law.
Can any property of a foreign state be attached under this section?
No. The federal statute it incorporates limits attachment to certain categories of property, such as assets used for commercial activity in the United States, not a foreign state's property in general.
When was CPLR 6205 added to the attachment article?
It was added in 2010 to give New York courts an explicit vehicle for attaching a foreign state's property in aid of execution, consistent with federal sovereign-immunity law.
Amendment History
Add, L 2010, ch 468, § 1, eff Aug 30, 2010.