{"jurisdiction": "us-ny", "code": "cplr", "section": "6212", "citation": "CPLR § 6212", "heading": "Motion papers; undertaking; filing; demand; damages", "text": ["Rule 6212. Motion papers; undertaking; filing; demand; damages.  (a) Affidavit; other papers. On a motion for an order of attachment, or for an order to confirm an order of attachment, the plaintiff shall show, by affidavit and such other written evidence as may be submitted, that there is a cause of action, that it is probable that the plaintiff will succeed on the merits, that one or more grounds for attachment provided in section 6201 exist, and that the amount demanded from the defendant exceeds all counterclaims known to the plaintiff.", "(b) Undertaking. On a motion for an order of attachment, the plaintiff shall give an undertaking, in a total amount fixed by the court, but not less than five hundred dollars, a specified part thereof conditioned that the plaintiff shall pay to the defendant all costs and damages, including reasonable attorney's fees, which may be sustained by reason of the attachment if the defendant recovers judgment or if it is finally decided that the plaintiff was not entitled to an attachment of the defendant's property, and the balance conditioned that the plaintiff shall pay to the sheriff all of his allowable fees. The attorney for the plaintiff shall not be liable to the sheriff for such fees. The surety on the undertaking shall not be discharged except upon notice to the sheriff.", "(c) Filing. Within ten days after the granting of an order of attachment, the plaintiff shall file it and the affidavit and other papers upon which it was based and the summons and complaint in the action.  Unless the time for filing has been extended, the order shall be invalid if not so filed, except that a person upon whom it is served shall not be liable for acting upon it as if it were valid without knowledge of the invalidity.", "(d) Demand for papers. At any time after property has been levied upon, the defendant may serve upon the plaintiff a written demand that the papers upon which the order of attachment was granted and the levy made be served upon him. Not more than one day after service of the demand, the plaintiff shall cause the papers demanded to be served at the address specified in the demand. A demand under this subdivision shall not of itself constitute an appearance in the action.", "(e) Damages. The plaintiff shall be liable to the defendant for all costs and damages, including reasonable attorney's fees, which may be sustained by reason of the attachment if the defendant recovers judgment, or if it is finally decided that the plaintiff was not entitled to an attachment of the defendant's property. Plaintiff's liability shall not be limited by the amount of the undertaking."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/6212", "from_official_api": true, "plain_english": "A plaintiff seeking or confirming attachment must prove the claim and protect the defendant and sheriff against an improper levy.\n- **(a)** The **plaintiff must show by affidavit and other written evidence a cause of action, probable success on the merits, a § 6201 ground, and a demand exceeding all counterclaims known to the plaintiff**. ★\n- **(b)** On a motion for attachment the **plaintiff must give a court-fixed undertaking of at least $500**: a specified part covers the defendant's costs and damages, including reasonable attorney's fees, if the defendant wins or the attachment is finally found unauthorized; the balance covers the sheriff's allowable fees. The **plaintiff's attorney is not liable to the sheriff for those fees**, and the **surety is discharged only on notice to the sheriff**.\n- **(c)** The **plaintiff must file the attachment order, supporting papers, summons and complaint within 10 days after the order is granted** unless the time is extended; otherwise the **order is invalid**, although a person served who acts on it without knowing of the invalidity is not liable. ★\n- **(d)** After levy, the defendant may serve a written demand for the papers, and the **plaintiff must serve them no more than 1 day after the demand is served**. The demand alone is not an appearance.\n- **(e)** If the defendant wins or the attachment is finally found unauthorized, the **plaintiff is liable for all resulting costs and damages, including reasonable attorney's fees**, and that **liability is not limited by the amount of the undertaking**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/6212", "publisher": "Elyphived LLC"}