(a) Reclaiming chattel. A chattel may be reclaimed by any person claiming the right to its possession, except a defendant claiming only a lien thereon or a security interest therein, by service upon the sheriff, and upon all parties to the action, of a notice that the reclaiming party requires a return of all or part of the chattels replevied; an undertaking executed as required by subdivision (e) of section 7102 and an affidavit stating that the reclaiming party is entitled to possession by virtue of facts set forth. The sheriff shall retain custody of the chattel for ten days after such papers have been served upon him. At the expiration of such period he shall deliver the chattel to the person serving the notice if there has not been served upon him a notice of exception to sureties or a notice of motion for an impounding order. Upon failure by the surety to justify, the sheriff shall deliver possession of the chattel to the plaintiff. If more than one person serves a reclaiming notice on the sheriff, the sheriff shall move, on notice to all parties, to have the court determine to whom the chattel shall be delivered.
§ 7103.Reclaiming, impounding or returning chattel.
Article 71. Recovery of Chattel · Last amended 1971 · Last verified July 21, 2026
In one sentenceCPLR 7103 governs a chattel once the sheriff has seized it, letting a claimant reclaim it by posting an undertaking, letting any party ask the court to impound it in the sheriff's custody, and letting a court return it to the defendant when fairness favors that.
Full Text of CPLR 7103
(b) Impounding chattel. A chattel which is in the custody of the sheriff may be impounded pending judgment or further order of the court, upon motion of any person claiming the right to its possession, upon notice to the sheriff and to all parties to the action. The motion shall be granted if the chattel is of such a nature, or the circumstances are such, that the moving party, if found to be entitled to possession, would not be adequately compensated for its loss by the payment of its pecuniary value. An undertaking shall accompany the motion, in an amount not less than two hundred and fifty dollars, that the moving party will indemnify the sheriff for all expenses incurred by him in transporting, handling and safekeeping the chattel pending determination of the motion, and, if the motion is granted, pending judgment or further order of the court. All expenses resulting from impounding shall be taxed as disbursements in the action as the court may direct.
(c) Returning chattel.
1. If a chattel which is in the custody of the sheriff is personal property which if owned by a defendant would be exempt from application to the satisfaction of a money judgment, if the value of the possession of the chattel to the defendant is greater than the value of its possession to the plaintiff, if the interest of the plaintiff would not thereby be prejudiced and if the interests of justice so require, upon motion of the defendant, upon notice to the sheriff and to all parties to the action, and on such terms and on such security and conditions as to the court may seem proper, the court may order its return to the defendant.
2. If the court orders the return of the chattel to the defendant, it shall grant a restraining order that the chattel shall not be removed from the state if it is a vehicle, aircraft or vessel or, otherwise, from its location, transferred, sold, pledged, assigned or otherwise disposed of or permitted to become subject to a security interest or lien until further order of the court. Unless the court otherwise directs, the restraining order does not prohibit a disposition of the chattel to the plaintiff. Disobedience of the order may be punished as a contempt of court.
(d) Additional parties. A motion under this section, or service upon plaintiff of a notice of reclamation or exception to surety by a person not a party to the action, makes such a person a party to the action. Plaintiff shall serve a copy of the complaint upon such person within twenty days after he becomes a party.
Plain-English Summary
Subdivision (a) lets anyone claiming the right to possess a seized chattel reclaim it, except a defendant who claims only a lien or security interest in it. Reclaiming takes three steps: serving notice on the sheriff and all parties, posting an undertaking like the one section 7102 requires, and submitting an affidavit stating the reclaiming party's entitlement. The sheriff then holds the chattel for ten days before handing it over, unless someone has objected to the surety or moved to impound it. If more than one person tries to reclaim the same chattel, the sheriff asks the court to decide who gets it.
Subdivision (b) offers a different path for chattels that money cannot adequately replace. Any claimant can move to have the sheriff keep the chattel in custody pending judgment, and the court must grant that motion when money could not adequately make up for the loss of that particular chattel. The moving party has to post an undertaking of at least two hundred fifty dollars to cover the sheriff's costs of holding and transporting the item, and those expenses become part of the taxable costs of the case.
Subdivision (c) lets a court send the chattel back to the defendant while the case is still pending, but only under a narrow set of conditions: the property would be exempt from a money judgment if the defendant owned it outright, it is worth more to the defendant than to the plaintiff, returning it will not prejudice the plaintiff, and justice calls for it. If the court orders that return, it must also bar the defendant from selling, transferring, or moving the chattel until the case ends. Subdivision (d) closes the loop on parties: anyone who moves under this section, or who serves a reclaiming notice, becomes a party to the action and must be served with the complaint within twenty days.
Frequently Asked Questions
How can I get back seized property while my New York lawsuit is still pending?
Serve a reclaiming notice on the sheriff and all parties under CPLR 7103(a), along with an undertaking and an affidavit showing your entitlement to possession. The sheriff then holds the chattel for ten days before delivering it to you, unless someone objects to your surety or moves to have it impounded instead.
What is impounding a chattel under CPLR 7103?
It is a motion asking the court to keep a seized chattel in the sheriff's custody, instead of releasing it to any party, until judgment or further order. Courts grant it when money could not adequately make up for the loss of that property, and it requires an undertaking of at least two hundred fifty dollars to cover the sheriff's expenses.
Can a New York court let the defendant keep the property while the case is pending?
Yes, under subdivision (c), but only where the property would be exempt from a money judgment against the defendant, is worth more to the defendant than the plaintiff, returning it won't prejudice the plaintiff, and justice requires it. The court must also bar the defendant from selling or moving the item while the case continues.
Can someone who only holds a lien on the chattel reclaim it from the sheriff?
No. Subdivision (a) excludes a defendant who claims only a lien or security interest in the chattel from the reclaiming procedure available to other claimants.
What happens if more than one person tries to reclaim the same seized chattel?
The sheriff moves, on notice to all parties, and asks the court to decide who the chattel should go to. The sheriff does not resolve competing reclaiming notices alone.
Does asking to reclaim or impound a chattel make me a party to the lawsuit?
Yes. Subdivision (d) makes anyone who moves under section 7103, or who serves a reclaiming or exception notice, a party to the action, and the plaintiff must then serve that person with the complaint within twenty days.
Advisory Committee Notes
Subd (a) of this section is derived from CPA § 1105 and part of §§ 1101 and 1107. It recommends no major change in reclamation procedure. The undertaking for reclamation is virtually identical to the undertaking required for the replevy. While the last paragraph of CPA § 1105 required a justification of surety in all cases of reclamation, this subdivision modifies that provision to require justification only where exception to surety has been taken. This subdivision carries forward the former provision that while a person claiming only a lien on the chattel may except to the sufficiency of sureties, he may not reclaim possession of the chattel. Furthermore, although it is not expressly stated in the present or former law, an order to impound the chattel would probably not be granted upon the application of a mere lienor, who would presumably be unable to show that he would be inadequately compensated for loss of the property by payment of its pecuniary value. Where the defendant is not the person from whose possession the chattel was taken, any disputes as to the right to possession between such defendant and the original possessor pendente lite should be settled by the court. This is the purpose of the last sentence of this subdivision. The theory of the reclamation after a replevy in New York is that possession of the chattel pending the action should not be awarded to a person other than the original possessor if the latter desires possession and is willing to satisfy the requirements of the rules. See the thorough discussion of this issue in terms of both the law of New York and of other jurisdictions in 17 NY Jud Council Rep 252-55 (1951). The situation of two persons other than plaintiff claiming the right to possession pending the action will rarely arise and, where it does, the court should exercise discretion in the matter. If neither should have possession, it may be impounded under subd (b). The new CPLR uses the word “reclamation” in the same sense as the former law, to denote the procedure by which the sheriff may be required by the original possessor or some other person to deliver possession of the replevied chattel to the person making the reclamation. In the case of the original possessor, the word “reclamation” is properly used, but where a person has not previously had possession of a chattel, he is not literally “reclaiming” it. Nevertheless, for reasons of simplicity and uniformity, and since the procedure for reclamation applicable to all persons is the same, the word is retained. Prior to the 1952 revision of the replevin sections, the sheriff was authorized to seize the chattel only from the defendant or his agents, and if he took the property from some other person, he was liable as a trespasser. Bullis v Montgomery, 50 NY 352 (1872). The reason for this limitation seemed to be that plaintiff’s undertaking ran only to parties to the action, and so the requisition protected the sheriff only on a replevy from the person specified. Otis v Williams, 70 NY 208 (1877). The form of undertaking required by present law and by the former law insulates the sheriff from liability on a replevy of the chattel wherever it can be found in his own county, regardless of the person from whom it is taken.
Subd (b) of this section is derived from CPA § 1103 and part of § 1107. The impounding provisions were added in 1952 upon recommendation of the Judicial Council. See 17 NY Jud Council Rep 241, 257-58 (1951). They were considered necessary to provide for cases where payment of a sum of money would not be adequate to compensate a claimant for loss of property. Although practically no litigation has arisen under that section, its provision is considered salutary, and it is retained in substantially the same form. The application for an impounding order may be made by (1) the plaintiff, when the defendant seeks to reclaim a replevied chattel, or (2) the defendant, after a chattel has been replevied from him, where he does not wish to give the larger undertaking required to reclaim the chattel, or (3) another person claiming possession of the chattel. Since the application for the impounding order is made with notice to the parties, the court may be influenced to deny the order by a showing by the plaintiff or the original possessor of inordinate hardship in being deprived of the chattel pending the outcome of the action. Provisions of CPA § 1103 respecting the time within which the application may be made are omitted. It can, under this subdivision, be made at any time before judgment while the chattel is still in the sheriff’s possession. The sheriff’s duty to retain custody of the chattel pending the determination of the application is found in § 7102(f). The second sentence of CPA § 1103 stated a general rule of motion practice, and, except for its provision that notice of application shall be given to the sheriff and to the parties, this sentence is omitted as unnecessary. The last two sentences of the subdivision restate provisions found in the first, fourth and last sentences of CPA § 1103. No change in substance is intended. The condition of the undertaking should be to the effect that the person applying for the impounding order will pay the specified expenses of the sheriff if ordered by the court to do so. The third sentence of CPA § 1103 stated that the chattel shall be released from the impounding upon the further order of the court or judge. This appears to be inconsistent with the statement in the final sentence of CPA § 1103 that the sheriff shall not relinquish custody of the chattel until the final determination of the action. The former statement of the duration of the impounding is adopted by this subdivision.
Subd (c) of this section is based upon part of CPA §§ 1103, 1104 and 1105. A person not a party may move to intervene under article 10. The first sentence of CPA § 1109 is covered by general rules on intervention. See §§ 1012, 1013. The last sentence of CPA § 1109 is omitted as unnecessary. See notes to § 7102(e), discussing omission of CPA § 1108.
Amendment History
Add, L 1962, ch 308; amd, L 1971, ch 1051, § 2, eff July 2, 1971.
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: reclaim seized property New Yorkimpound chattel New Yorkreturn of seized property to defendant New Yorkget my property back from the sheriff New York