Where the seizure of two or more chattels is required by the order of seizure, the sheriff shall seize those chattels which can be found. Less than all of the seized chattels may be impounded, reclaimed or returned. The value of the chattels seized, as stated in the affidavit of the plaintiff, or as determined by the court upon application of the defendant, shall be the value for the purposes of subsequent undertakings in the action. Unless the court orders otherwise, the sheriff may, at any time before entry of judgment, seize those chattels not yet seized; the proceedings for reclaiming, impounding or returning a chattel subsequently seized are the same as on a former seizure.
§ 7104.Seizing, reclaiming or returning less than all chattels.
Article 71. Recovery of Chattel · Last amended 1979 · Last verified July 21, 2026
In one sentenceCPLR 7104 lets an Article 71 case proceed even when the sheriff cannot seize every chattel named in the order at once, allowing partial seizure, partial reclaiming or impounding, and a later seizure of the remaining chattels any time before judgment.
Full Text of CPLR 7104
Plain-English Summary
Some orders of seizure cover more than one item, and the sheriff will not always find them all in one trip. Section 7104 handles that by letting the sheriff seize whatever chattels can be found and move ahead with the case as to those, without waiting until every item on the list turns up. Less than all of the seized chattels can be reclaimed, impounded, or returned under section 7103, so a claimant is not forced to deal with the whole group as a single unit.
For any later undertaking in the case, the value that controls is the value the plaintiff stated in the affidavit for the chattels that were seized, unless the defendant asks the court to set a different figure. That keeps the bond amounts tied to what has changed hands, not to the full list of property named in the original order.
The sheriff is not shut out of seizing the rest later. Unless the court says otherwise, the sheriff may seize any chattel not yet taken at any point before judgment, and that later seizure follows the same reclaiming, impounding, and returning procedures as the first one did.
Frequently Asked Questions
What happens if the sheriff can't find all the property named in the seizure order?
The sheriff seizes whatever chattels can be found and the case moves forward as to those. CPLR 7104 does not require every item on the order to be located before the plaintiff can proceed.
Can I reclaim or have some seized items impounded without dealing with all of them together?
Yes. Section 7104 allows less than all of the seized chattels to be reclaimed, impounded, or returned, so each item or group can be handled on its own.
What value governs the undertaking if the sheriff only seized some of the listed chattels?
The value the plaintiff stated in the affidavit for the chattels that were seized, unless the defendant moves and the court sets a different value. That figure, not the value of the whole original list, controls later undertakings in the case.
Can the sheriff seize the remaining chattels after the case has already been underway for a while?
Yes. Unless the court orders otherwise, the sheriff may seize any chattel not yet taken at any time before judgment, and that later seizure is handled under the same procedures as the original one.
Does a later, separate seizure of the remaining chattels follow different rules than the first one?
No. CPLR 7104 applies the same reclaiming, impounding, and returning procedures to a later seizure of previously unfound chattels as applied to the property seized the first time around.
Advisory Committee Notes
This section is derived from CPA §§ 1097, 1104, 1111, and 1117. No change in substance is intended. Since § 7102(d) requires that the value of each chattel or class of chattels be separately stated in the plaintiff’s undertaking, only the value of those chattels actually seized will be considered in determining the amount for which subsequent undertakings for reclaiming or impounding the chattel must be executed. The last sentence of CPA § 1097 is omitted as unnecessary. Where less than all of the chattels in the hands of the sheriff are reclaimed, he will always treat the remainder as unaffected by the partial reclamation, and will deliver such remainder to the plaintiff.
The provision in CPA § 1117 for notice of abandonment before note of issues is filed is omitted. A replevy of the remaining chattels may be made by the plaintiff at any time before entry of judgment. No reason appears why a notice of abandonment should not be permitted at any time during the same period. In any event, no special notice of this kind is required. Even if the plaintiff does not seek to replevy the remaining chattels, he can still prosecute his action for their recovery. If he no longer claims that he is entitled to possession of chattels not seized, the reduction of his claim can be handled in the same way as in any action.
Amendment History
Add, L 1962, ch 308; amd, L 1971, ch 1051, § 3; L 1978, ch 81 § 2, eff Jan 1, 1979.
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: partial seizure of chattels New Yorkmultiple chattels in one seizure order New Yorksheriff couldn't find all the property New York lawsuit