§ 8012 — Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs

New York § 8012

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

Text

§ 8012. Mileage fees, poundage fees, additional compensation, and\nlimitation on compensation of sheriffs. (a) Mileage fees. A sheriff is\nentitled to the current federal internal revenue service mileage\nreimbursement rate for each mile necessarily travelled in performing the\nfollowing services, payable in advance:\n 1. in serving or executing a mandate upon or against one person, or\nupon or against two or more persons in the course of one journey,\ncomputed from the nearest office of the sheriff in the county to the\nplace of service or execution, and return;\n 2. in serving or executing two or more mandates in one action upon or\nagainst one person at one time, computed from the nearest office of the\nsheriff in the county to the place of service or execution, and return;\nand\n 3. in attending a view, computed from the nearest office of the\nsheriff in the county to the place of attendance, and return.\n (b) Poundage fees.\n 1. A sheriff is entitled, for collecting money by virtue of an\nexecution, an order of attachment, or an attachment for the payment of\nmoney in an action, or a warrant for the collection of money issued by\nthe comptroller or by a county treasurer or by any agency of the state\nor a political subdivision thereof, or for collecting a fine by virtue\nof a commitment for civil contempt, to poundage of, in the counties\nwithin the city of New York, five per cent of the sum collected and in\nall other counties, five per cent upon the first two hundred fifty\nthousand dollars collected, and three per cent upon the residue of the\nsum collected.\n 2. Where a settlement is made after a levy by virtue of service of an\nexecution, the sheriff is entitled to poundage upon the judgment or\nsettlement amount, whichever is less. Where an execution is vacated or\nset aside after levy, the sheriff is entitled to poundage upon the value\nof the property levied upon, not exceeding the amount specified in the\nexecution, and the court may order the party liable therefor to pay the\nsame to the sheriff.\n 3. Where a settlement is made, either before or after judgment, after\na levy by virtue of service of an order of attachment, the sheriff is\nentitled to poundage upon the judgment or settlement amount, whichever\nis less. Where an order of attachment is vacated or set aside after\nlevy, the sheriff is entitled to poundage upon the value of the property\nlevied upon, not exceeding the amount specified in the order of\nattachment, and the court may order the party at whose instance the\norder of attachment was granted to pay the same to the sheriff. Where an\norder of attachment is otherwise discharged by order of the court, the\nsheriff is entitled to the same poundage, to be paid by the party at\nwhose instance the order of attachment is discharged, and the sheriff is\nentitled to retain the property levied upon until the poundage is paid.\nThe maximum amount upon which poundage shall be computed, if such a\nsettlement is made or the order of attachment is vacated or set aside,\nis one million dollars.\n 4. Where a settlement is made (i) after service of an income execution\nupon the debtor pursuant to subdivision (d) of section fifty-two hundred\nthirty-one of this chapter or upon the garnishee pursuant to subdivision\n(e) of section fifty-two hundred thirty-one of this chapter, or (ii)\nafter issuance of a property execution pursuant to section fifty-two\nhundred thirty of this chapter and levy against personal or real\nproperty pursuant to section fifty-two hundred thirty-two or fifty-two\nhundred thirty-five of this chapter, the sheriff is entitled to poundage\nupon the judgment amount or settlement amount, whichever is less. Where\nan income or property execution is vacated or set aside after levy, the\nsheriff is entitled to poundage upon the value of the property levied\nupon, not exceeding the amount specified in the execution, and the court\nmay order the party liable therefor to pay the same to the sheriff.\n 5. A sheriff who brings an action in a court of competent jurisdiction\nto collect such amount provided for in this subdivision may also be\nawarded reasonable attorney's fees and court costs.\n (c) Additional compensation. A sheriff is entitled in any case,\nincluding an instance in which a mandate has been stayed, vacated or set\naside, or a settlement has been made after a levy, to such additional\ncompensation for his trouble and expenses in taking possession of and\npreserving property under any mandate or in removing a person in\npossession of real property and the said person's property, as the court\nallows, and the court may make an order requiring the party liable\ntherefor to pay the same to the sheriff.\n (d) Mileage fees in the city of New York. For mileage travelled wholly\nwithin the city of New York the sheriff of the city of New York shall be\nentitled to thirty dollars payable in advance, as provided in section\neight thousand eleven of this chapter, and commencing one year after the\neffective date of the chapter of the laws of two thousand thirteen which\namended this subdivision, such fee shall be thirty-five dollars.\n