(a) Retention of Property. The sheriff shall hold and safely keep all property or debts paid, delivered, transferred or assigned to him or taken into his custody to answer any judgment that may be obtained against the defendant in the action, unless otherwise directed by the court or the plaintiff, subject to the payment of the sheriff’s fees and expenses. Any money shall be held for the benefit of the parties to the action in an interest-bearing trust account at a national or state bank or trust company. If the urgency of the case requires, the court may direct sale or other disposition of property, specifying the manner and terms thereof, with notice to the parties to the action and the garnishee who had possession of such property.
§ 6218.Sheriff’s duties after levy.
Article 62. Attachment · Last amended 1977 · Last verified July 21, 2026
In one sentenceCPLR 6218 tells the sheriff how to hold attached property and money safely, including in an interest-bearing account, and requires an inventory of everything levied on within fifteen days.
Full Text of CPLR 6218
(b) Inventory. Within fifteen days after service of an order of attachment or forthwith after such order has been vacated or annulled, the sheriff shall file an inventory of property seized, a description of real property levied upon, the names and addresses of all persons served with the order of attachment, and an estimate of the value of all property levied upon.
Plain-English Summary
Once the sheriff has custody of a defendant's property or has collected a debt, CPLR 6218 sets the rules for keeping it secure until the case is over. Subdivision (a) requires the sheriff to hold and safely keep whatever has been paid, delivered, transferred, or seized, so it remains available to satisfy any judgment the plaintiff eventually wins, unless the court or the plaintiff directs otherwise. Money collected must sit in an interest-bearing trust account at a bank or trust company, so the parties do not lose the time value of funds tied up during the litigation. If urgency demands it, such as perishable goods or a fast-depreciating asset, the court can direct a sale or other disposition on notice to the parties and the garnishee who had held the property.
Subdivision (b) adds a transparency requirement: within fifteen days after service of the order of attachment, or promptly after the attachment is vacated or annulled, the sheriff must file an inventory listing the property seized, a description of any real property levied on, the names and addresses of everyone served with the order, and an estimate of the value of everything levied upon.
Frequently Asked Questions
What does a sheriff have to do with money collected under an attachment?
CPLR 6218(a) requires the sheriff to hold it for the parties' benefit in an interest-bearing trust account at a national or state bank or trust company.
Can a sheriff sell attached property before judgment?
Only if the urgency of the case requires it; CPLR 6218(a) lets the court direct a sale or other disposition, on notice to the parties and the garnishee, specifying the manner and terms.
When must the sheriff file an inventory of attached property?
Within fifteen days after service of the order of attachment, or promptly after the attachment is vacated or annulled, under CPLR 6218(b).
What must the sheriff's inventory include?
A list of the property seized, a description of any real property levied on, the names and addresses of everyone served with the order, and an estimate of the value of everything levied upon.
Who pays the sheriff's fees for holding attached property?
The property and debts held under CPLR 6218 remain subject to the payment of the sheriff's fees and expenses before they are returned or applied to a judgment.
Advisory Committee Notes
Subd (a) of this section replaces CPA § 940. The last sentence is based upon former § 923. Under it, the court may direct disposition of any property, whether perishable or likely to decrease in value for any reason. Moreover, the court may direct any manner of sale and is not restricted to public auction by the sheriff.
Subd (b) of this section is derived from CPA § 921 and the first sentence of § 973. The second sentence of § 973 is contained in § 6225. No substantive change is intended; while intangibles would not be included in the inventory, since they cannot be manually seized, their value would be indicated. As to disclosure and the garnishee’s obligation to file a statement, see §§ 6219 and 6220. Frequently, because of the expense of valuation, plaintiffs waive an inventory of property seized. It is not intended that this subdivision interfere with this practice. The names and addresses of all persons served with the order are required, whether or not they admit that they have property of the defendant, in order to effectuate the disclosure provisions of § 6220. Language changes clarify that the sheriff’s inventory is what is required, and not necessarily his return. Period of five days has been changed to ten days.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1964, ch 342, § 1, eff Sept 1, 1964; L 1977, ch 860, § 8, eff Sept 1, 1977.
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 duties after attachment levyattachment inventory New Yorkinterest bearing trust account attachmentNew York sheriff safekeeping attached property