The sheriff shall file with the clerk a return within twenty days after he has delivered a chattel; it shall include all papers delivered to or served on him and a statement of all action taken by him. Where the sheriff has not filed a return before the hearing of a motion made by any party to punish him for contempt for such failure, he may be punished for contempt. At least ten days’ notice of such motion shall be given to the sheriff.
§ 7107.Sheriff’s return.
Article 71. Recovery of Chattel · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7107 requires the sheriff to file a written return with the clerk within twenty days after delivering a seized chattel, and allows a contempt motion against a sheriff who fails to file it.
Full Text of CPLR 7107
Plain-English Summary
Once a chattel has been delivered under Article 71, the sheriff has to close the loop with the court. Section 7107 requires the sheriff to file a return with the clerk within twenty days after delivery, and that return has to include every paper delivered to or served on the sheriff along with a statement of everything the sheriff did in carrying out the order.
If the sheriff misses that deadline, any party can move to hold the sheriff in contempt for the failure to file, but only after giving the sheriff at least ten days' notice of the motion. That notice requirement gives the sheriff a real chance to file the overdue return or explain its absence before facing a contempt finding.
Frequently Asked Questions
What is a sheriff's return in a New York chattel recovery case?
It is the written filing the sheriff must submit to the clerk after delivering seized property, including every paper the sheriff received or served and a statement of the actions the sheriff took under the order. CPLR 7107 makes this filing mandatory.
How long does the sheriff have to file the return after delivering seized property?
Twenty days from the date of delivery. That deadline runs regardless of whether the chattel went to the plaintiff, the defendant, or someone who reclaimed it.
What happens if the sheriff never files the return?
Any party can move to hold the sheriff in contempt for the failure to file, though the sheriff must first receive at least ten days' notice of that motion before the court hears it.
How much notice do I have to give the sheriff before moving to hold them in contempt for not filing a return?
At least ten days. Section 7107 sets that minimum notice period before a contempt motion for failing to file the return can be heard.
What has to be included in the sheriff's return?
Every paper delivered to or served on the sheriff in connection with the seizure, along with a statement describing all the action the sheriff took under the order. CPLR 7107 requires both pieces in the filing.
Advisory Committee Notes
This section is derived from CPA §§ 1113 and 1114. No substantive changes are made. Since, under § 7102(d), the requisition delivered to the sheriff by the plaintiff is deemed the mandate of the court, the sheriff must return it to the court in which the action is pending, together with all relevant papers and the sheriff’s statement of steps taken, so that the court will know what has been done in obedience to its mandate. The language of the last clause of the first sentence of this section is broad enough to include all of the matter which is required by CPA § 1113 to be included in the return. The provision of CPA § 1114 for ten days’ notice to require the sheriff to make a return is retained. The provision that a defendant may not move to punish for contempt before he has answered is omitted. This section provides that only parties to the action may so move. No reason appears why a defendant, before answer but after a seizure, may not make the motion. It is clear, of course, that omission of the sheriff to make a return, although punishable by contempt, does not operate retroactively to nullify the effect of any of the steps taken in the action.
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: sheriff's return replevin New Yorksheriff failed to file return New Yorkhold sheriff in contempt chattel case New York