§ 6219.Garnishee’s statement.
Article 62. Attachment · Last amended 1963 · Last verified July 21, 2026
Full Text of CPLR 6219
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.