(a) When Granted; Contents. An order of attachment may be granted without notice, before or after service of summons and at any time prior to judgment, or as provided in section sixty-two hundred five of this article. It shall specify the amount to be secured by the order of attachment including any interest, costs and sheriff’s fees and expenses, be indorsed with the name and address of the plaintiff’s attorney and shall be directed to the sheriff of any county or of the city of New York where any property in which the defendant has an interest is located or where a garnishee may be served. The order shall direct the sheriff to levy within his jurisdiction, at any time before final judgment, upon such property in which the defendant has an interest and upon such debts owing to the defendant as will satisfy the amount specified in the order of attachment.
§ 6211.Order of attachment without notice.
Article 62. Attachment · Last amended 2010 · Last verified July 21, 2026
In one sentenceCPLR 6211 governs an order of attachment granted without prior notice to the defendant, spelling out what the order must contain and requiring the plaintiff to move promptly afterward for a court order confirming it.
Full Text of CPLR 6211
(b) Confirmation of Order. Except where an order of attachment is granted on the ground specified in subdivision one of section 6201, an order of attachment granted without notice shall provide that within a period not to exceed five days after levy, the plaintiff shall move, on such notice as the court shall direct to the defendant, the garnishee, if any, and the sheriff, for an order confirming the order of attachment. Where an order of attachment without notice is granted on the ground specified in subdivision one of section 6201, the court shall direct that the statement required by section 6219 be served within five days, that a copy thereof be served upon the plaintiff, and the plaintiff shall move within ten days after levy for an order confirming the order of attachment. If the plaintiff upon such motion shall show that the statement has not been served and that the plaintiff will be unable to satisfy the requirement of subdivision (b) of section 6223 until the statement has been served, the court may grant one extension of the time to move for confirmation for a period not to exceed ten days. If plaintiff fails to make such motion within the required period, the order of attachment and any levy thereunder shall have no further effect and shall be vacated upon motion. Upon the motion to confirm, the provisions of subdivision (b) of section 6223 shall apply. An order of attachment granted without notice may provide that the sheriff refrain from taking any property levied upon into his actual custody, pending further order of the court.
Plain-English Summary
Because attachment is a drastic remedy that can be granted before the defendant even knows about the lawsuit, CPLR 6211 builds in both speed and a check on that speed. Subdivision (a) lets the plaintiff obtain the order without notice, before or after service of the summons, and requires the order to state the amount secured, including interest, costs, and sheriff's fees, and to direct the sheriff of the county where the defendant's property or a garnishee is located to levy on enough property or debts to satisfy that amount.
Subdivision (b) supplies the check: because the defendant had no chance to be heard, the plaintiff generally must move, on notice to the defendant, the garnishee, and the sheriff, to confirm the order within five days after levy. Skipping that step lets the attachment lapse and be vacated on motion. Attachments granted on the nondomiciliary ground, the first ground under CPLR 6201, follow a different clock: the plaintiff must serve the garnishee's statement required by CPLR 6219 within five days and move to confirm within ten days after levy, with one possible ten-day extension if the statement is not yet available.
Whichever track applies, the confirmation motion draws on the same burden of proof CPLR 6223(b) sets for a motion to vacate, so the plaintiff has to reestablish the grounds, the need for the levy, and the likelihood of success on the merits. The order without notice may also let the sheriff leave levied property where it is rather than take custody, pending further direction from the court.
Frequently Asked Questions
Can a New York court grant an attachment without telling the defendant first?
Yes. CPLR 6211(a) allows an order of attachment without notice to the defendant, at any point before or after the summons is served and before judgment.
What must an order of attachment without notice say?
It must state the amount to be secured, including interest, costs, and sheriff's fees and expenses, and direct the sheriff to levy on the defendant's property or debts in the appropriate county.
How soon must a plaintiff move to confirm an ex parte attachment?
Within five days after levy in most cases, or within ten days after levy when the attachment rests on the nondomiciliary-defendant ground, with a possible extension if the garnishee's statement has not yet been served.
What happens if the plaintiff never moves to confirm the attachment?
The order of attachment and any levy under it lose effect and must be vacated on motion, under CPLR 6211(b).
Does the sheriff have to physically seize property levied upon without notice?
Not necessarily. CPLR 6211(a) lets the order direct the sheriff to leave the property where it is, pending further order of the court.
Advisory Committee Notes
The first sentence of this section is derived from CPA §§ 817 and 818; the words “without notice” replace former § 815.
While there was no indication in the language of former § 817, it was clear from former § 818 that a warrant of attachment might have been issued prior to the commencement of an action. See also CPA § 905. This section makes this explicit.
The order may be granted anywhere in the state where a motion in the action may be made and no venue provision is necessary. Thus §§ 2212(a), 2212(b), 2213(a) and 2213(b) apply. Where the action is triable in more than one county, any one of them may be used. See article 5. This accords with former section 817. See Carmody, New York Practice 769 n 46 (7th ed, Forkosch 1956). For a discussion of the use of the word “order” in place of the former “warrant,” see notes to proposed section 6201.
The requirement in the second sentence of this section for the indorsement of the attorney’s name and address is derived from RCP 84. Indorsement, rather than subscription, is required in conformity with the similar change made by the new CPLR with respect to papers served or filed. See notes to rule 2101(d). The remainder of former rule 84 concerning subscription by the judge is covered in § 2219(a).
The remainder of the second sentence as well as the third sentence of this section is a simplification of the first paragraph of former CPA § 910, with no change in meaning intended.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1977, ch 860, § 4, eff Sept, 1977; L 1985, ch 566, § 1, eff Sept 1, 1985; L 2010, ch 468, § 2, eff Aug 30, 2010.
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: ex parte order of attachment New Yorkattachment without notice CPLRmotion to confirm attachment New YorkNew York attachment confirmation deadline