When must a party file their motion to confirm an order of attachment?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

The requirement to file a motion to confirm an order of attachment is specifically set out in the relevant civil procedure rules. The correct time frame for filing the motion is within 5 days after the levy. This period is established to ensure that the party seeking to uphold the attachment does so promptly, facilitating a swift resolution to the matter. Timing is crucial in civil procedure to provide fairness and efficiency in dealing with attachments, which are a significant intervention in the debtor's rights.

Filing within this timeframe allows the court to review the circumstances surrounding the attachment and determine whether it should remain in effect. If a party delays beyond this time limit, they risk losing the opportunity to confirm the attachment, which could lead to a favorable outcome for the debtor.

In contrast, the other options do not align with the statutory requirements governing the motion to confirm the order of attachment. While each of those options presents different timelines, only the 5-day deadline after levy reflects the urgent nature of attachment matters and the procedural rules designed to manage them effectively.

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