A defendant whose property or debt has been levied upon may move, upon notice to the plaintiff and the sheriff, for an order discharging the attachment as to all or a part of the property or debt upon payment of the sheriff’s fees and expenses. On such a motion, the defendant shall give an undertaking, in an amount equal to the value of the property or debt sought to be discharged, that the defendant will pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding the amount of the undertaking. Making a motion or giving an undertaking under this section shall not of itself constitute an appearance in the action.
§ 6222.Discharge of attachment
Article 62. Attachment · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6222 lets a defendant whose property has been attached move to discharge the attachment, in whole or part, by posting an undertaking equal to the property's value and paying the sheriff's fees.
Full Text of CPLR 6222
Plain-English Summary
A defendant does not have to fight the underlying grounds for attachment to get property back. CPLR 6222 offers a faster route: on notice to the plaintiff and the sheriff, the defendant can move to discharge the attachment as to all or part of the property or debt levied on, by paying the sheriff's fees and expenses and posting a substitute undertaking.
That undertaking has to equal the value of the property or debt being freed, and it must promise that the defendant will pay the plaintiff any judgment recovered in the action, up to the undertaking's amount. In effect, the defendant swaps a bond for the frozen asset, giving the plaintiff the same security in a different form. And because a defendant might need to make this motion before deciding whether to contest the court's jurisdiction, the statute makes clear that neither making the motion nor giving the undertaking counts as an appearance in the action.
Frequently Asked Questions
Can a defendant get attached property back before the case is over?
Yes. CPLR 6222 lets the defendant move to discharge the attachment on all or part of the property by posting an undertaking equal to its value and paying the sheriff's fees.
How much of an undertaking does a defendant need to discharge an attachment?
An amount equal to the value of the property or debt the defendant wants released, conditioned on paying the plaintiff any judgment recovered up to that amount.
Does moving to discharge an attachment count as appearing in the lawsuit?
No. CPLR 6222 specifically states that making the motion or giving the undertaking does not itself constitute an appearance in the action.
Does a defendant have to challenge the grounds for attachment to get property released?
No. A motion under CPLR 6222 lets the defendant substitute an undertaking for the property without contesting whether the attachment was properly granted.
Who has to be notified when a defendant moves to discharge an attachment?
The plaintiff and the sheriff, since CPLR 6222 requires notice to both before the court will discharge the attachment.
Advisory Committee Notes
This section replaces CPA §§ 952 through 959. Although former § 952 permitted a defendant to discharge an attachment only if he had appeared in the action, a plaintiff would not have been prejudiced by a discharge of attachment by a defendant who had not appeared, since a discharge merely replaced attached property with an undertaking of the same value. The plaintiff is given notice under this section and may dispute any valuation at the hearing. Cf. CPA § 958. Notice to the plaintiff on the motion also covers the provisions of former §§ 954, 955 and 959 for notice under particular circumstances. The undertaking provided for in former § 953 is included in this section. The last sentence of former § 953, which provided that upon an application to discharge an attachment after final judgment, “the defendant must give the security required to perfect an appeal to the court of appeals from a final judgment, of the same amount or to the same effect, and to stay the execution thereof,” has been deleted. The meaning of that sentence is unclear. Moreover, security for costs on an appeal are covered by § 5519(d).
CPA § 954 stated that unless one of the defendants, in a case involving more than one, showed that property attached was his separate property, his indemnity must have provided for the payment of any judgment against any of the defendants. The provision has been omitted because the plaintiff will have notice under this section of the defendant’s motion and the interest of other defendants can be shown.
The provisions for justification of sureties of former § 955 are covered in §§ 2506 and 2507.
As noted in the introduction to this article, former § 957 is deleted along with other special provisions for vessels. In any case, the power granted by the section to stay attachment can be exercised by the court on a motion under this section.
CPA § 958, which was enacted in 1941 (Laws 1941, c 253), is deleted. It provided for discharge of an attachment of a partnership interest upon the application of any partner. The Judicial Council recommended it as “in accord with the redemption provisions of the Partnership Law in respect to charging orders.” 7 NY Jud Council Rep 446 (1941). A charging order, however, is secured by a judgment creditor of a partner and the partner’s interest may be sold, and the partnership dissolved. Partnership Law §§ 54, 62(2). On the other hand, attachment of a partnership interest does not interfere with the continuation of the partnership business unless a receiver is appointed. CPA §§ 915-a, 916(7).
The provisions of subd 3 of former § 958 for the taking of testimony or directing a reference in order to value a partner’s interest or to determine the sufficiency of sureties is covered by section 2218 for the trial of issues raised on a motion.
The provisions of former §§ 970, 971 and 972 which provided specifically for the return of attached property and the cancellation of notices of attachment upon an order of attachment being vacated, annulled or discharged are covered by § 6225. The word “annulled” was defined in subd 4 of CPA § 7.
This section covers a motion to discharge made by the defendant. A person other than the defendant, claiming an interest in the property, may move to discharge the attachment under § 6221.
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
Also known as: discharge of attachment New Yorkgetting attached property releasedsubstitute undertaking attachment New YorkNew York attachment bond to release property