An order of attachment granted before service is made on the defendant against whom the attachment is granted is valid only if, within sixty days after the order is granted, a summons is served upon the defendant or first publication of the summons against the defendant is made pursuant to an order and publication is subsequently completed, except that a person upon whom the order of attachment is served shall not be liable for acting upon it as if it were valid without knowledge of the invalidity. If the defendant dies within sixty days after the order is granted and before the summons is served upon him or publication is completed, the order is valid only if the summons is served upon his executor or administrator within sixty days after letters are issued. Upon such terms as may be just and upon good cause shown the court may extend the time, not exceeding sixty days, within which the summons must be served or publication commenced pursuant to this section, provided that the application for extension is made before the expiration of the time fixed.
§ 6213.Service of summons
Article 62. Attachment · Last amended 1992 · Last verified July 21, 2026
In one sentenceCPLR 6213 requires the plaintiff to serve the summons, or complete publication, on the defendant within sixty days after an order of attachment is granted, or the order loses its validity.
Full Text of CPLR 6213
Plain-English Summary
An order of attachment can issue before the defendant is served, but that head start does not last indefinitely. CPLR 6213 gives the plaintiff sixty days from the date the order is granted to serve the summons on the defendant or to complete publication of the summons under a prior court order. Miss that window, and the order becomes invalid, though anyone who was served with the order and acted on it in good faith, without knowing about the defect, stays protected.
The statute adjusts for a defendant who dies before service or publication is finished: the sixty-day clock resets, and the plaintiff must instead serve the defendant's executor or administrator within sixty days after letters testamentary or letters of administration are issued. And because sixty days can run out for reasons outside the plaintiff's control, the court may grant one extension of up to sixty more days for good cause, but only on an application made before the original deadline expires.
Frequently Asked Questions
How long do I have to serve the summons after getting an attachment order?
CPLR 6213 gives you sixty days from the date the order of attachment is granted to serve the summons on the defendant or complete publication.
What happens if the summons isn't served within sixty days of the attachment order?
The order of attachment becomes invalid, though someone who was served with the order and relied on it in good faith before learning of the defect is not liable for having acted on it.
Can I get more time to serve the summons after an attachment is granted?
Yes, for good cause the court may extend the deadline by up to sixty more days, but you must apply before the original sixty-day period runs out.
What if the defendant dies before I can serve the summons?
CPLR 6213 lets you serve the defendant's executor or administrator instead, within sixty days after letters are issued, to keep the order of attachment valid.
Does CPLR 6213 apply when the defendant was already served before the attachment order?
No. It governs orders of attachment granted before service is made on the defendant; once the defendant has already been served, this sixty-day requirement has nothing left to police.
Advisory Committee Notes
This section is derived from CPA § 905; the language has been simplified. Since substituted service is not contemplated by the new CPLR, the reference to it has been deleted. Under CPLR § 314 and rule 316 service by publication will be seldom used; when it is used, it will be completed within twenty-eight days after it is commenced. A general rule has been adopted to make voluntary appearance equivalent to completion of service. See rule 320. The last phrase of the first sentence has been added to protect the garnishee who relies upon an invalid order.
Amendment History
Add, L 1962, ch 308; amd, L 1969, ch 208, eff Sept 1, 1963; L 1992, ch 216 § 12, eff July 1, 1992.
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: sixty days serve summons attachment New Yorkattachment order expires New Yorkservice of summons after attachment CPLRNew York attachment deadline to serve defendant