An action on an undertaking cannot be maintained after final judgment until the return, wholly or partly unsatisfied, of an execution on the judgment for delivery of possession of the chattel or for payment of a sum of money in lieu of the chattel.
§ 7111.Action on undertaking.
Article 71. Recovery of Chattel · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7111 requires a party to first obtain and return an unsatisfied execution on the Article 71 judgment before suing on the undertaking that secured a seizure or reclamation.
Full Text of CPLR 7111
Plain-English Summary
An undertaking posted under sections 7102 or 7103 exists to back up whatever the judgment ultimately requires, but section 7111 keeps a party from going straight after that undertaking's surety. Before an action on the undertaking can be maintained, the party has to take out an execution on the final judgment — for delivery of the chattel or payment of a sum in its place — and have that execution returned wholly or partly unsatisfied.
The idea concerns sequencing, not substance: the judgment debtor gets a real chance to comply directly before the surety becomes a target. Only once execution has failed to produce full satisfaction does section 7111 open the door to a separate suit on the undertaking itself.
Frequently Asked Questions
Can I sue the surety on the undertaking right after winning my chattel recovery case?
No. CPLR 7111 requires you to first take out an execution on the judgment and have it returned wholly or partly unsatisfied before an action on the undertaking can be maintained.
What does it mean for an execution to be returned unsatisfied under CPLR 7111?
It means the sheriff was unable to fully collect the chattel or the money the judgment awarded through the execution process. That failure is the trigger that lets the winning party move on to suing the undertaking's surety.
Why does New York require exhausting execution before suing the surety on an undertaking?
It gives the judgment debtor a direct chance to satisfy the judgment before the surety's liability is tested, so the surety is not pursued while the underlying obligation might still be collected in the ordinary way.
What if the execution on the judgment comes back fully satisfied?
Then there is nothing left to pursue against the surety, since the judgment has already been collected through the execution itself. Section 7111 only opens an action on the undertaking when execution comes back wholly or partly unsatisfied.
Does CPLR 7111 apply to undertakings posted under both the seizure and reclaiming provisions of Article 71?
Yes. It applies to any undertaking securing a seizure under section 7102 or a reclamation under section 7103, since both are undertakings the final judgment's execution has to test first.
Advisory Committee Notes
This section is derived from CPA § 1128 and part of § 1131. Although, under present and former law, there is no requirement of return of execution unsatisfied before pursuit of certain subsequent remedies, such as proceedings supplementary to judgment, such a return should be required before an action on the undertaking in replevin may be commenced. A judgment in an action to recover a chattel is specific in that it directs delivery of a specified chattel or chattels, or, in the alternative, payment of the value of such chattel or chattels. See introduction to article 52 and notes to § 5225. Where an execution is delivered to the sheriff together with the written authorization of the judgment creditor directing the sheriff to seize a specific, identified chattel, a strong likelihood exists that the execution will be satisfied, or that it will, at least, be more than a meaningless formality. Under these circumstances, recourse against surety on the undertaking should be postponed. It is undesirable that a new action, on the undertaking, be commenced if the same purpose might be served by a levy of execution. CPA § 1129 is omitted, since its substance is covered by section 4520, pertaining to the use in evidence of certificates or affidavits of public officers. CPA § 1130, which set up a defense of injury caused by the claimant to the chattel, is omitted as unnecessary since the condition which it stated is always a good defense at common law or equity. No reason appears why, after an action on the undertaking has been commenced, an action against third persons for recovery of the chattel might not also be commenced. Of course, the plaintiff is limited to one recovery, regardless of how many actions he has commenced. The sureties should not be required to pay the value of the chattel in a case where the plaintiff elects also to pursue some third person who has the specific chattel in his possession. The last sentence of CPA § 1131 is therefore omitted.
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: sue on replevin bond New Yorkaction on undertaking New Yorksurety liability chattel recovery New York