Legislation
SECTION 1314
Attaching creditor's rights in personal property
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A
§ 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:
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.
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:
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.