Disposition of attached property after execution issued; priority of orders of attachment · as in force on May 31, 2026
§ 6226. Disposition of attached property after execution issued; priority of orders of attachment. Where an execution is issued upon a judgment entered against the defendant, the sheriff's duty with respect to custody and disposition of property or debt levied upon pursuant to an order of attachment is the same as if he had levied upon it pursuant to the execution. The priority among two or more orders of attachment against the same defendant shall be in the order in which they were delivered to the officer who levied upon the property or debt. The priority between an order of attachment and an execution, or a payment, delivery or receivership order, is set forth in section 5234.
After execution issues on a judgment against the defendant, the sheriff must hold and dispose of property or debt previously attached as though it had been levied under the execution. ★ When multiple attachment orders reach the same defendant, they rank in the order delivered to the officer who made the levy. Priority between attachment and an execution, payment, delivery or receivership order is governed by § 5234.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.