If the plaintiff shall so direct and shall furnish the sheriff indemnity satisfactory to him or fixed by the court, the sheriff, as an alternative to the method prescribed by section 6214, shall levy upon property capable of delivery by taking the property into his actual custody. The sheriff shall forthwith serve a copy of the order of attachment in the manner prescribed by subdivision (a) of section 6214 upon the person from whose possession or custody the property was taken.
§ 6215.Levy upon personal property by seizure.
Article 62. Attachment · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6215 lets a sheriff, at the plaintiff's direction and with adequate indemnity, seize personal property outright instead of merely serving the order of attachment on whoever holds it.
Full Text of CPLR 6215
Plain-English Summary
Service on a garnishee under CPLR 6214 is not the only way to levy on personal property. CPLR 6215 gives the sheriff an alternative: physically taking property into custody, rather than relying on the garnishee to hand it over voluntarily. The plaintiff has to direct this method and supply indemnity that satisfies the sheriff or that the court fixes, since seizing property outright exposes the sheriff to more risk than serving papers does.
Even under this more direct approach, the person who had possession still gets notice. The sheriff must promptly serve a copy of the order of attachment on the person from whose custody the property was taken, using the same manner of service CPLR 6214(a) prescribes.
Frequently Asked Questions
Can a sheriff physically seize property under a New York attachment?
Yes. CPLR 6215 lets the sheriff take property into actual custody, as an alternative to serving the order under CPLR 6214, if the plaintiff directs it and provides adequate indemnity.
Why does a plaintiff have to give indemnity for a seizure under CPLR 6215?
Because physically taking property exposes the sheriff to greater risk than serving an order on a garnishee, so the statute requires indemnity satisfactory to the sheriff or fixed by the court before the sheriff seizes it.
Does the person who had the property get notice after a seizure?
Yes. CPLR 6215 still requires the sheriff to serve a copy of the order of attachment on the person from whose possession the property was taken.
When would a plaintiff choose seizure over service on a garnishee?
Seizure under CPLR 6215 suits situations where leaving the property with a garnishee risks its loss or disappearance, since actual custody by the sheriff removes that risk directly.
Is seizure under CPLR 6215 available for real property?
No. It applies to property capable of delivery, meaning personal property the sheriff can physically take into custody; real property is levied on separately under CPLR 6216.
Advisory Committee Notes
The first sentence of this section is based upon subd 3 of former § 917; the second sentence is based upon the first sentence of the second paragraph of former § 912. Since the amount of the indemnity to be provided will depend upon circumstances—taking a machine in actual use into custody would require more than taking a machine in storage—the amount is set by the sheriff. This was also true under former CPA § 917(3). This section, however, allows the court to fix the indemnity, thus protecting a plaintiff from an unreasonable demand by the sheriff. CPA § 917(3) when read with the second paragraph of former § 912 seems to indicate that indemnity was required if tangible property was levied upon by taking it into custody and the warrant of attachment served thereafter but no indemnity was required if the levy was made by serving the warrant and the property was then taken into custody. This distinction is retained in this section. Compare § 6214(c), with this section. If levy has been made by service and the garnishee resists seizure or fails to deliver property, the sheriff may proceed under § 6214(d); on the other hand, the garnishee may allow seizure and make his claim under § 6221.
Amendment History
Add, L 1962, ch 308; amd, L 1963, ch 532, 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: sheriff seizure attachment New Yorklevy by seizure CPLRNew York attachment indemnity sheriffphysical seizure of property attachment