Pre-Judgment Attachment Attorney

When you are owed money and fear the person or company that owes you may hide, transfer, or dissipate their assets before you can collect, waiting for a final judgment may leave you with nothing. New York law provides a powerful remedy to address this risk: pre-judgment attachment. Our firm represents creditors, businesses, and individuals throughout New York who need to secure assets before a judgment is entered, ensuring that a favorable outcome in court is not rendered meaningless by an empty bank account.

What Is Pre-Judgment Attachment?

Pre-judgment attachment is a provisional remedy that allows a plaintiff to seize or freeze a defendant's property at the outset or during the course of a lawsuit, before any final judgment is reached. The purpose is twofold: to secure the satisfaction of a potential money judgment and, in certain cases, to establish jurisdiction over a defendant's property within New York.

Governed by Article 62 of the New York Civil Practice Law and Rules (CPLR), attachment is considered an extraordinary remedy. Because it interferes with a defendant's property rights before any finding of liability, New York courts apply the statute strictly and require plaintiffs to satisfy demanding legal standards. An experienced attorney is essential to navigating these requirements and avoiding procedural pitfalls that could result in the attachment being vacated.

When Is Attachment Available Under New York Law?

CPLR 6201 sets forth the specific grounds upon which an order of attachment may be granted. An order of attachment may be available when the plaintiff has demanded and would be entitled to a money judgment, and one or more of the following circumstances exist:

• The defendant is a nondomiciliary residing outside New York, or is a foreign corporation not qualified to do business in the state. This ground often arises in commercial disputes involving out-of-state parties.
• The defendant cannot be located within New York with due diligence. When a defendant has effectively disappeared, attachment can secure assets that remain in the state.
• The defendant has disposed of, encumbered, or secreted property, or removed it from the state—or is about to do so—with the intent to defraud creditors or frustrate the enforcement of a judgment. Proving fraudulent intent is one of the most common and most litigated grounds for attachment.
• The action is based on a judgment that would qualify for full faith and credit, and the defendant has taken steps to frustrate enforcement.

Each of these grounds carries its own evidentiary burden. The third ground in particular—intent to defraud—requires the plaintiff to present affidavits and documentary evidence demonstrating not merely that assets are being moved, but that the movement is for the purpose of evading a potential judgment.

The Legal Standard a Plaintiff Must Meet

Obtaining an order of attachment is not automatic. Under CPLR 6212, the plaintiff seeking attachment must demonstrate by affidavit and other supporting evidence that:

• There is a cause of action for a money judgment;
• It is probable that the plaintiff will succeed on the merits of the claim;
• One or more statutory grounds under CPLR 6201 exists; and
• The amount demanded from the defendant exceeds all counterclaims known to the plaintiff.

The "probability of success" standard is significant. Unlike many preliminary motions, attachment requires the plaintiff to make an affirmative showing that the case is likely to prevail. Courts scrutinize this requirement carefully, and a poorly supported application will be denied. Our attorneys work to assemble compelling affidavits, contracts, financial records, and other documentation that satisfy each element before filing.

The Undertaking Requirement

New York law requires the plaintiff to post an undertaking—essentially a bond—as a condition of obtaining attachment. Under CPLR 6212(b), this undertaking compensates the defendant for any damages and costs, including reasonable attorney's fees, if it is later determined that the plaintiff was not entitled to the attachment. The court fixes the amount of the undertaking, and a plaintiff should be prepared to fund it. This requirement underscores the seriousness of the remedy and the importance of having a strong legal basis before proceeding.

How the Attachment Process Works

The procedure for obtaining and executing an order of attachment in New York involves several distinct steps:

1. Motion or application. An order of attachment may be granted on motion with notice to the defendant or, in urgent cases, on an ex parte basis without prior notice. Ex parte relief is often necessary when notifying the defendant would prompt them to move assets immediately.
2. Levy by the sheriff. Once the order is granted, the sheriff levies upon the defendant's property—such as bank accounts, real estate, accounts receivable, or other tangible and intangible assets located in New York.
3. Confirmation. If attachment is obtained ex parte, the plaintiff must move to confirm the order within a statutory timeframe under CPLR 6211. Failure to timely confirm can result in the attachment being voided.
4. Maintenance through judgment. The attachment remains in place during the litigation, preserving the assets so they are available to satisfy a judgment if the plaintiff prevails.

Strict compliance with these procedural deadlines is critical. Many attachments are vacated not because the underlying claim was weak, but because a deadline was missed or the levy was improperly executed.

Defending Against an Order of Attachment

We also represent defendants whose assets have been frozen or seized. A defendant facing an attachment has several avenues for relief. Under CPLR 6223, a defendant may move to vacate or modify the order of attachment by demonstrating that the statutory grounds were not satisfied, that the plaintiff is unlikely to succeed on the merits, or that the attachment is unnecessary to secure the judgment. A defendant may also seek to discharge the attachment by posting their own undertaking. Because attachment can severely disrupt business operations and personal finances, prompt action is essential.

Why Choose Our New York Attachment Attorneys

Pre-judgment attachment sits at the intersection of complex procedural rules and high-stakes strategic decisions. A misstep can cost you the remedy entirely or expose you to liability on the undertaking. Our firm brings to every case:

• Deep familiarity with CPLR Article 62 and the body of New York case law interpreting it;
• Experience drafting persuasive affidavits that establish probability of success and statutory grounds;
• Speed and responsiveness when ex parte relief is necessary to prevent the dissipation of assets;
• Coordination with the sheriff and other officers to ensure that levies are properly and effectively executed; and
• Skilled advocacy on motions to confirm, vacate, or modify attachment orders.

Act Quickly to Protect Your Recovery

The value of pre-judgment attachment lies in timing. The moment you suspect that a debtor or defendant may hide or transfer assets, you should consult an attorney. Delay can allow funds to be moved beyond the reach of the court, leaving even a winning plaintiff unable to collect. Our attorneys can evaluate whether attachment is available in your case, prepare the necessary application, and move swiftly to secure the assets that will satisfy your claim.

If you are involved in a dispute in New York where collecting on a potential judgment is at risk, or if your assets have been attached and you need to challenge the order, contact our firm today. We will assess your situation, explain your options under New York law, and develop a strategy designed to protect your interests.

You can contact us by phone at 212-233-1233 or by email at [email protected].