§ 8011 — Fixed fees of sheriffs

New York § 8011

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 80: Fees

Text

§ 8011. Fixed fees of sheriffs. For the services specified, a sheriff\nis entitled to the following fees and, where indicated, these shall be\npaid in advance.\n (a) Order of attachment.\n 1. For receiving an order of attachment, entering it in the\nappropriate books, and return when required, twenty dollars, in advance.\n 2. For levying upon real or personal property, fifty dollars, in\nadvance.\n 3. For each additional levy upon real or personal property by virtue\nof an order of attachment, fifty dollars, in advance.\n 4. For serving a copy of an order of attachment on a defendant, and\nfor serving a copy on each additional defendant, twenty dollars, in\nadvance.\n 5. For serving a summons with or without a complaint, twenty dollars,\nin advance.\n 6. For making and filing a description of real property, or an\ninventory of personal property, levied upon by virtue of an order of\nattachment, or an estimate of the value thereof, twenty dollars.\n 7. Mileage for services covered in paragraphs two, three and four of\nthis subdivision, in advance, provided, however, that where the services\ncovered in such paragraphs are performed at the same time and place,\nthere shall be only one mileage fee.\n (b) Property execution.\n 1. For receiving an execution against property, entering it in the\nappropriate books, and return when required, twenty dollars, in advance,\nexcept that in an execution which arises out of an action brought\npursuant to article eighteen of the uniform district court act, article\neighteen of the uniform city court act, article eighteen of the New York\ncity civil court act or article eighteen of the uniform justice court\nact, the fees provided in this subdivision shall not be collected in\nadvance.\n 2. For levying upon property by virtue of an execution, twenty\ndollars.\n 3. For making an inventory of property levied upon by virtue of an\nexecution, twenty dollars.\n 4. Mileage for services covered in paragraphs two and three of this\nsubdivision, in advance, provided however, that where the services\ncovered in such paragraphs are performed at the same time, there shall\nbe only one mileage fee.\n (c) Income execution; service upon judgment debtor.\n 1. For receiving an income execution, entering it in appropriate\nbooks, and return when required, twenty dollars, in advance.\n 2. For serving the income execution upon the judgment debtor, twenty\ndollars, in advance.\n 3. Mileage for service covered in paragraph two of this subdivision,\nunless such execution is served by mail.\n (d) Income execution; levy upon default or failure to serve judgment\ndebtor.\n 1. For serving an income execution, entering it in the appropriate\nbooks, and return when required, twenty dollars, in advance.\n 2. For levying upon the money that the judgment debtor is receiving or\nwill receive, twenty dollars, in advance.\n 3. Mileage for services covered in paragraph two of this subdivision\nunless such levy is made by mail.\n (e) Recovery of chattel.\n 1. For receiving an order to recover chattel, entering it in the\nappropriate books, and return when required, twenty dollars, in advance.\n 2. For executing the order of seizure against the defendant's chattel\nor chattels, one hundred dollars, in advance.\n 3. For executing the order of seizure against the chattel or chattels\nof an additional defendant or any other person in whose possession said\nchattel or chattels may be found, fifty dollars, in advance.\n 4. For serving an additional copy of the required papers, twenty\ndollars, in advance.\n 5. For serving the summons with or without a complaint, twenty\ndollars, in advance.\n 6. Mileage for services covered in paragraphs two, three, four and\nfive of this subdivision, in advance, provided however, that where the\nservices covered in such paragraphs are performed at the same time and\nplace, there shall be only one mileage fee.\n (f) Summary proceeding.\n 1. Notice of petition and petition.\n (i) For receiving a notice of petition and petition, obtaining an\nindex number when required, entering it in the appropriate books, and\nreturn, twenty dollars, in advance.\n (ii) For serving the notice of petition on a tenant or other person in\npossession, twenty dollars, in advance.\n (iii) For serving the notice of petition on each additional tenant,\nundertenant, subtenant, person or persons in possession, or person or\npersons not in possession to be served, twenty dollars, in advance.\n (iv) For making an affidavit of military or nonmilitary service,\ntwenty dollars for each affidavit, in advance.\n (v) Mileage for services covered in subparagraph (ii) of this\nparagraph, and where person or persons named in the petition are to be\nserved at an address or addresses other than the premises described in\nthe petition, additional mileage shall be paid, in advance, except where\ntwo or more notices of petition are to be served at the same time,\nwithin the same site or location, there shall be only one mileage fee.\n 2. Warrant of eviction or any mandate requiring delivery of possession\nof real property and removal of person or persons in possession.\n (i) For requisitioning, receiving, entering in the appropriate books,\nand for the return of a warrant of eviction or any other mandate,\nfifteen dollars, in advance.\n (ii) For service of notice of eviction on a person or persons to be\nserved, fifteen dollars for each person to be served, in advance.\n (iii) Mileage of services covered in subparagraph (ii) of this\nparagraph, in advance, except where two or more notices of eviction are\nto be served at the same time, within the same site or location, there\nshall be only one mileage fee.\n (iv) For executing a warrant of eviction or any mandate requiring him\nor her to put a person in possession of real property and removing\nperson or persons in possession, seventy-five dollars, in advance.\n (v) Mileage for services covered in subparagraph (iv) of this\nparagraph, in advance.\n (g) Sales.\n 1. For posting of notice, including advertising real or personal\nproperty for sale by virtue of an execution, order of attachment, or\nother mandate, or in pursuance of a direction contained in a judgment,\nor for a notice of postponement of a sale, twenty dollars.\n 2. For drawing and executing a conveyance upon a sale of real\nproperty, twenty-five dollars, to be paid by the grantee, in advance.\n 3. For attending a sale of real or personal property, twenty dollars.\n 4. For conducting a sale of real or personal property, twenty dollars.\n 5. Mileage for services covered in paragraphs three and four of this\nsubdivision provided, however, that where the services covered in such\nparagraphs are performed at the same time and place, there shall be only\none mileage fee.\n (h) Summons, subpoenas and other mandates.\n 1. For serving a summons, with or without a complaint or notice, for\nserving a subpoena, or for serving civil process, twenty dollars, in\nadvance.\n 2. For serving or executing an order of arrest, or any other mandate\nfor the service or execution of which no other fee is specifically\nprescribed by law, fifty-five dollars, in advance, except that when a\ncourt has directed the service of an order of protection, there shall be\nno fee for service of such order and of any related orders or papers to\nbe served simultaneously.\n 3. Mileage for services subject to fees under paragraphs one and two\nof this subdivision, in advance.\n 4. For receiving a precept issued by commissioners appointed to\ninquire concerning the incompetency of a person, the fee allowed the\nclerk by subdivision (a) of section eight thousand twenty of this\narticle for placing a cause on the calendar, and for notifying a county\nclerk or commissioner of jurors pursuant to such a precept, the fee, if\nany, allowed the clerk by subdivision (c) of section eight thousand\ntwenty of this article for filing a demand for jury trial.\n (i) Undertakings; returns; copies.\n 1. For taking any undertaking which the sheriff is authorized to take\ntwo dollars, and the notary's fees to any affidavit or acknowledgements.\n 2. For making a copy of a description or any inventory of property\nlevied upon by virtue of an order of attachment, or of a summons or\ncomplaint, or other mandate, or an affidavit or any other paper served\nby him or her, fifteen dollars, in advance.\n 3. For a certified copy of an execution, and of the return or\nsatisfaction thereupon, or for a certified copy of any undertaking which\nhe or she is authorized to take, fifteen dollars.\n (j) Prisoners.\n 1. For each person committed to or discharged from prison, fifteen\ndollars, in advance, to be paid by the person at whose instance he or\nshe is imprisoned.\n 2. For attending before an officer for the purpose of surrendering a\nprisoner, or receiving into custody a prisoner surrendered, in\nexoneration of his or her bail, fifteen dollars, for all his or her\nservices upon such a surrender or receipt.\n (k) Jurors; view; constables' services.\n 1. For notifying jurors to attend upon a writ of inquiry, three\ndollars for each juror notified, including the making and return of the\ninquisition, when required; and for attending a jury when required in\nsuch a case, thirty dollars.\n 2. For attending a view, fifteen dollars for each day.\n 3. For any services which may be rendered by a constable, other than\nthose specifically provided for in this section, section eight thousand\ntwelve or eight thousand thirteen of this article, to the same fees as\nare allowed by law to a constable for those services.\n