N.Y. Civil Practice Law and Rules 1314 – Attaching creditor's rights in personal property
§ 1314. Attaching creditor's rights in personal property. Where the claiming authority has delivered an order of attachment to a claiming agent, the claiming authority's rights in a debt owed to a defendant or in an interest of a defendant in personal property against which debt or property a judgment may be enforced, are superior to the extent of the amount of the attachment to the rights of any transferee of the debt or property, except:
Terms Used In N.Y. Civil Practice Law and Rules 1314
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Personal property: All property that is not real property.
1. A transferee who acquired the debt or property before it was levied upon for fair consideration and without knowledge of the order of attachment; or
2. A transferee who acquired the debt or property for fair consideration after it was levied upon without knowledge of the levy while it was not in the possession of the claiming agent.