2023 New York Laws › CVP - Civil Practice Law and Rules › Article 80 - Fees › 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,  fifteen  dollars,  in
advance.
2.  For  levying  upon  real  or  personal property, forty dollars, in
advance.
3. For each additional levy upon real or personal property  by  virtue
of an order of attachment, forty 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,  fifteen  dollars,  in
advance.
5. For serving a summons with or without a complaint, fifteen 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, fifteen 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,  fifteen  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, fifteen
dollars.
3. For making an inventory of property levied upon  by  virtue  of  an
execution, fifteen 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, fifteen dollars, in advance.
2.  For serving the income execution upon the judgment debtor, fifteen
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, fifteen dollars, in advance.
2. For levying upon the money that the judgment debtor is receiving or
will receive, fifteen 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,  fifteen  dollars,  in
advance.
2.  For executing the order of seizure against the defendant's chattel
or chattels, seventy-five 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, forty dollars, in advance.
4. For serving an additional copy  of  the  required  papers,  fifteen
dollars, in advance.
5.  For  serving  the  summons  with  or  without a complaint, fifteen
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, fifteen dollars, in advance.
(ii) For serving the notice of petition on a tenant or other person in
possession, fifteen 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, fifteen dollars, in advance.
(iv)  For  making  an  affidavit  of  military or nonmilitary service,
fifteen 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, fifteen dollars.
2. For drawing  and  executing  a  conveyance  upon  a  sale  of  real
property, twenty dollars, to be paid by the grantee, in advance.
3. For attending a sale of real or personal property, fifteen dollars.
4.  For  conducting  a  sale  of  real  or  personal property, fifteen
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,  fifteen  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,  forty-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
one  dollar  and  fifty cents, 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, ten 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, ten dollars.
(j) Prisoners.
1. For each  person  committed  to  or  discharged  from  prison,  ten
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, ten 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, two  dollars
and fifty cents 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, twenty-eight dollars.
2. For attending a view, ten 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.