N.Y. Civil Practice Law & Rules § 8011: Fixed fees of sheriffs

§ 8011. Fixed fees of sheriffs. For the services specified, a sheriff

is entitled to the following fees and, where indicated, these shall be

paid in advance.

(a) Order of attachment.

1. For receiving an order of attachment, entering it in the

appropriate books, and return when required, twenty dollars, in advance.

2. For levying upon real or personal property, fifty dollars, in

advance.

3. For each additional levy upon real or personal property by virtue

of an order of attachment, fifty dollars, in advance.

4. For serving a copy of an order of attachment on a defendant, and

for serving a copy on each additional defendant, twenty dollars, in

advance.

5. For serving a summons with or without a complaint, twenty dollars,

in advance.

6. For making and filing a description of real property, or an

inventory of personal property, levied upon by virtue of an order of

attachment, or an estimate of the value thereof, twenty dollars.

7. Mileage for services covered in paragraphs two, three and four of

this subdivision, in advance, provided, however, that where the services

covered in such paragraphs are performed at the same time and place,

there shall be only one mileage fee.

(b) Property execution.

1. For receiving an execution against property, entering it in the

appropriate books, and return when required, twenty dollars, in advance,

except that in an execution which arises out of an action brought

pursuant to article eighteen of the uniform district court act, article

eighteen of the uniform city court act, article eighteen of the New York

city civil court act or article eighteen of the uniform justice court

act, the fees provided in this subdivision shall not be collected in

advance.

2. For levying upon property by virtue of an execution, twenty

dollars.

3. For making an inventory of property levied upon by virtue of an

execution, twenty dollars.

4. Mileage for services covered in paragraphs two and three of this

subdivision, in advance, provided however, that where the services

covered in such paragraphs are performed at the same time, there shall

be only one mileage fee.

(c) Income execution; service upon judgment debtor.

1. For receiving an income execution, entering it in appropriate

books, and return when required, twenty dollars, in advance.

2. For serving the income execution upon the judgment debtor, twenty

dollars, in advance.

3. Mileage for service covered in paragraph two of this subdivision,

unless such execution is served by mail.

(d) Income execution; levy upon default or failure to serve judgment

debtor.

1. For serving an income execution, entering it in the appropriate

books, and return when required, twenty dollars, in advance.

2. For levying upon the money that the judgment debtor is receiving or

will receive, twenty dollars, in advance.

3. Mileage for services covered in paragraph two of this subdivision

unless such levy is made by mail.

(e) Recovery of chattel.

1. For receiving an order to recover chattel, entering it in the

appropriate books, and return when required, twenty dollars, in advance.

2. For executing the order of seizure against the defendant's chattel

or chattels, one hundred dollars, in advance.

3. For executing the order of seizure against the chattel or chattels

of an additional defendant or any other person in whose possession said

chattel or chattels may be found, fifty dollars, in advance.

4. For serving an additional copy of the required papers, twenty

dollars, in advance.

5. For serving the summons with or without a complaint, twenty

dollars, in advance.

6. Mileage for services covered in paragraphs two, three, four and

five of this subdivision, in advance, provided however, that where the

services covered in such paragraphs are performed at the same time and

place, there shall be only one mileage fee.

(f) Summary proceeding.

1. Notice of petition and petition.

(i) For receiving a notice of petition and petition, obtaining an

index number when required, entering it in the appropriate books, and

return, twenty dollars, in advance.

(ii) For serving the notice of petition on a tenant or other person in

possession, twenty dollars, in advance.

(iii) For serving the notice of petition on each additional tenant,

undertenant, subtenant, person or persons in possession, or person or

persons not in possession to be served, twenty dollars, in advance.

(iv) For making an affidavit of military or nonmilitary service,

twenty dollars for each affidavit, in advance.

(v) Mileage for services covered in subparagraph (ii) of this

paragraph, and where person or persons named in the petition are to be

served at an address or addresses other than the premises described in

the petition, additional mileage shall be paid, in advance, except where

two or more notices of petition are to be served at the same time,

within the same site or location, there shall be only one mileage fee.

2. Warrant of eviction or any mandate requiring delivery of possession

of real property and removal of person or persons in possession.

(i) For requisitioning, receiving, entering in the appropriate books,

and for the return of a warrant of eviction or any other mandate,

fifteen dollars, in advance.

(ii) For service of notice of eviction on a person or persons to be

served, fifteen dollars for each person to be served, in advance.

(iii) Mileage of services covered in subparagraph (ii) of this

paragraph, in advance, except where two or more notices of eviction are

to be served at the same time, within the same site or location, there

shall be only one mileage fee.

(iv) For executing a warrant of eviction or any mandate requiring him

or her to put a person in possession of real property and removing

person or persons in possession, seventy-five dollars, in advance.

(v) Mileage for services covered in subparagraph (iv) of this

paragraph, in advance.

(g) Sales.

1. For posting of notice, including advertising real or personal

property for sale by virtue of an execution, order of attachment, or

other mandate, or in pursuance of a direction contained in a judgment,

or for a notice of postponement of a sale, twenty dollars.

2. For drawing and executing a conveyance upon a sale of real

property, twenty-five dollars, to be paid by the grantee, in advance.

3. For attending a sale of real or personal property, twenty dollars.

4. For conducting a sale of real or personal property, twenty dollars.

5. Mileage for services covered in paragraphs three and four of this

subdivision provided, however, that where the services covered in such

paragraphs are performed at the same time and place, there shall be only

one mileage fee.

(h) Summons, subpoenas and other mandates.

1. For serving a summons, with or without a complaint or notice, for

serving a subpoena, or for serving civil process, twenty dollars, in

advance.

2. For serving or executing an order of arrest, or any other mandate

for the service or execution of which no other fee is specifically

prescribed by law, fifty-five dollars, in advance, except that when a

court has directed the service of an order of protection, there shall be

no fee for service of such order and of any related orders or papers to

be served simultaneously.

3. Mileage for services subject to fees under paragraphs one and two

of this subdivision, in advance.

4. For receiving a precept issued by commissioners appointed to

inquire concerning the incompetency of a person, the fee allowed the

clerk by subdivision (a) of section eight thousand twenty of this

article for placing a cause on the calendar, and for notifying a county

clerk or commissioner of jurors pursuant to such a precept, the fee, if

any, allowed the clerk by subdivision (c) of section eight thousand

twenty of this article for filing a demand for jury trial.

(i) Undertakings; returns; copies.

1. For taking any undertaking which the sheriff is authorized to take

two dollars, and the notary's fees to any affidavit or acknowledgements.

2. For making a copy of a description or any inventory of property

levied upon by virtue of an order of attachment, or of a summons or

complaint, or other mandate, or an affidavit or any other paper served

by him or her, fifteen dollars, in advance.

3. For a certified copy of an execution, and of the return or

satisfaction thereupon, or for a certified copy of any undertaking which

he or she is authorized to take, fifteen dollars.

(j) Prisoners.

1. For each person committed to or discharged from prison, fifteen

dollars, in advance, to be paid by the person at whose instance he or

she is imprisoned.

2. For attending before an officer for the purpose of surrendering a

prisoner, or receiving into custody a prisoner surrendered, in

exoneration of his or her bail, fifteen dollars, for all his or her

services upon such a surrender or receipt.

(k) Jurors; view; constables' services.

1. For notifying jurors to attend upon a writ of inquiry, three

dollars for each juror notified, including the making and return of the

inquisition, when required; and for attending a jury when required in

such a case, thirty dollars.

2. For attending a view, fifteen dollars for each day.

3. For any services which may be rendered by a constable, other than

those specifically provided for in this section, section eight thousand

twelve or eight thousand thirteen of this article, to the same fees as

are allowed by law to a constable for those services.