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§ 6219.Garnishee’s statement.

Article 62. Attachment · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 6219 requires a garnishee served with an order of attachment to tell the sheriff, within ten days, what debts it owes the defendant and what property of the defendant's it holds.

Full Text of CPLR 6219

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Within ten days after service upon a garnishee of an order of attachment, or within such shorter time as the court may direct, the garnishee shall serve upon the sheriff a statement specifying all debts of the garnishee to the defendant, when the debts are due, all property in the possession or custody of the garnishee in which the defendant has an interest, and the amounts and value of the debts and property specified. If the garnishee has money belonging to, or is indebted to, the defendant in at least the amount of the attachment, he may limit his statement to that fact.

Plain-English Summary

A levy only works if the sheriff knows what the garnishee holds. CPLR 6219 requires the garnishee, within ten days of being served with the order of attachment, or within whatever shorter time the court sets, to serve the sheriff with a statement listing every debt the garnishee owes the defendant, when each debt comes due, and every piece of the defendant's property in the garnishee's possession or custody, along with its estimated value.

The statute allows one shortcut: a garnishee who owes the defendant money, or holds property, worth at least the amount specified in the order of attachment does not need to itemize everything it has. It can limit its statement to confirming that single fact, since anything beyond the attachment amount would not change what the sheriff can collect.

Frequently Asked Questions

How soon must a garnishee respond after being served with an attachment order?

Within ten days, or sooner if the court directs, CPLR 6219 requires the garnishee to serve the sheriff with a statement of the defendant's debts and property.

What must a garnishee's statement under CPLR 6219 include?

All debts owed to the defendant and when they are due, all property of the defendant in the garnishee's possession, and the amounts and value of each.

Can a garnishee avoid listing every asset it holds for the defendant?

Yes, if the garnishee already owes or holds at least the amount specified in the order of attachment, CPLR 6219 lets it limit the statement to that fact alone.

Why does the garnishee's statement matter for confirming an ex parte attachment?

Where the attachment rests on the nondomiciliary ground, CPLR 6211(b) ties the plaintiff's deadline to move for confirmation to when this statement is served, so a delayed statement can extend that deadline.

What happens if a garnishee never files the statement CPLR 6219 requires?

The sheriff and the plaintiff are left without the garnishee's own account of the defendant's debts and property, which can affect a confirmation motion under CPLR 6211(b) tied to that statement.

Advisory Committee Notes

This section is a redrafting and simplification of the provisions of CPA § 918. The word “statement” has been used instead of the word “certificate” and a twenty-day limit is imposed. The court, however, may direct that a statement be served in a shorter time, which, in effect, was the former law. Prompt compliance is necessary in order that plaintiffs be able to allege that property has been levied upon in compliance with service by publication or mail provisions. See §§ 314(3), 315 et seq., and 6213. Cf. CPA §§ 232(3), 905. If the garnishee fails or refuses to serve a statement, disclosure under § 6220 could be utilized to reveal property of the defendant in his possession or custody.

Amendment History

Add, L 1962, ch 308, 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
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