STATE OF NEW YORK ________________________________________________________________________ 5808--A 2023-2024 Regular Sessions IN SENATE March 16, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to increasing the fixed fees for services provided by sheriffs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8011 of the civil practice law and rules, as 2 amended by chapter 655 of the laws of 2002, subdivision (h) as amended 3 by chapter 36 of the laws of 2007, is amended to read as follows: 4 § 8011. Fixed fees of sheriffs. For the services specified, a sheriff 5 is entitled to the following fees and, where indicated, these shall be 6 paid in advance. 7 (a) Order of attachment. 8 1. For receiving an order of attachment, entering it in the appropri- 9 ate books, and return when required, [fifteen] twenty dollars, in 10 advance. 11 2. For levying upon real or personal property, [forty] fifty dollars, 12 in advance. 13 3. For each additional levy upon real or personal property by virtue 14 of an order of attachment, [forty] fifty dollars, in advance. 15 4. For serving a copy of an order of attachment on a defendant, and 16 for serving a copy on each additional defendant, [fifteen] twenty 17 dollars, in advance. 18 5. For serving a summons with or without a complaint, [fifteen] twenty 19 dollars, in advance. 20 6. For making and filing a description of real property, or an inven- 21 tory of personal property, levied upon by virtue of an order of attach- 22 ment, or an estimate of the value thereof, [fifteen] twenty dollars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00598-02-4
S. 5808--A 2 1 7. Mileage for services covered in paragraphs two, three and four of 2 this subdivision, in advance, provided, however, that where the services 3 covered in such paragraphs are performed at the same time and place, 4 there shall be only one mileage fee. 5 (b) Property execution. 6 1. For receiving an execution against property, entering it in the 7 appropriate books, and return when required, [fifteen] twenty dollars, 8 in advance, except that in an execution which arises out of an action 9 brought pursuant to article eighteen of the uniform district court act, 10 article eighteen of the uniform city court act, article eighteen of the 11 New York city civil court act or article eighteen of the uniform justice 12 court act, the fees provided in this subdivision shall not be collected 13 in advance. 14 2. For levying upon property by virtue of an execution, [fifteen] 15 twenty dollars. 16 3. For making an inventory of property levied upon by virtue of an 17 execution, [fifteen] twenty dollars. 18 4. Mileage for services covered in paragraphs two and three of this 19 subdivision, in advance, provided however, that where the services 20 covered in such paragraphs are performed at the same time, there shall 21 be only one mileage fee. 22 (c) Income execution; service upon judgment debtor. 23 1. For receiving an income execution, entering it in appropriate 24 books, and return when required, [fifteen] twenty dollars, in advance. 25 2. For serving the income execution upon the judgment debtor, 26 [fifteen] twenty dollars, in advance. 27 3. Mileage for service covered in paragraph two of this subdivision, 28 unless such execution is served by mail. 29 (d) Income execution; levy upon default or failure to serve judgment 30 debtor. 31 1. For serving an income execution, entering it in the appropriate 32 books, and return when required, [fifteen] twenty dollars, in advance. 33 2. For levying upon the money that the judgment debtor is receiving or 34 will receive, [fifteen] twenty dollars, in advance. 35 3. Mileage for services covered in paragraph two of this subdivision 36 unless such levy is made by mail. 37 (e) Recovery of chattel. 38 1. For receiving an order to recover chattel, entering it in the 39 appropriate books, and return when required, [fifteen] twenty dollars, 40 in advance. 41 2. For executing the order of seizure against the defendant's chattel 42 or chattels, [seventy-five] one hundred dollars, in advance. 43 3. For executing the order of seizure against the chattel or chattels 44 of an additional defendant or any other person in whose possession said 45 chattel or chattels may be found, [forty] fifty dollars, in advance. 46 4. For serving an additional copy of the required papers, [fifteen] 47 twenty dollars, in advance. 48 5. For serving the summons with or without a complaint, [fifteen] 49 twenty dollars, in advance. 50 6. Mileage for services covered in paragraphs two, three, four and 51 five of this subdivision, in advance, provided however, that where the 52 services covered in such paragraphs are performed at the same time and 53 place, there shall be only one mileage fee. 54 (f) Summary proceeding. 55 1. Notice of petition and petition.
S. 5808--A 3 1 (i) For receiving a notice of petition and petition, obtaining an 2 index number when required, entering it in the appropriate books, and 3 return, [fifteen] twenty dollars, in advance. 4 (ii) For serving the notice of petition on a tenant or other person in 5 possession, [fifteen] twenty dollars, in advance. 6 (iii) For serving the notice of petition on each additional tenant, 7 undertenant, subtenant, person or persons in possession, or person or 8 persons not in possession to be served, [fifteen] twenty dollars, in 9 advance. 10 (iv) For making an affidavit of military or nonmilitary service, 11 [fifteen] twenty dollars for each affidavit, in advance. 12 (v) Mileage for services covered in subparagraph (ii) of this para- 13 graph, and where person or persons named in the petition are to be 14 served at an address or addresses other than the premises described in 15 the petition, additional mileage shall be paid, in advance, except where 16 two or more notices of petition are to be served at the same time, with- 17 in the same site or location, there shall be only one mileage fee. 18 2. Warrant of eviction or any mandate requiring delivery of possession 19 of real property and removal of person or persons in possession. 20 (i) For requisitioning, receiving, entering in the appropriate books, 21 and for the return of a warrant of eviction or any other mandate, 22 fifteen dollars, in advance. 23 (ii) For service of notice of eviction on a person or persons to be 24 served, fifteen dollars for each person to be served, in advance. 25 (iii) Mileage of services covered in subparagraph (ii) of this para- 26 graph, in advance, except where two or more notices of eviction are to 27 be served at the same time, within the same site or location, there 28 shall be only one mileage fee. 29 (iv) For executing a warrant of eviction or any mandate requiring him 30 or her to put a person in possession of real property and removing 31 person or persons in possession, seventy-five dollars, in advance. 32 (v) Mileage for services covered in subparagraph (iv) of this para- 33 graph, in advance. 34 (g) Sales. 35 1. For posting of notice, including advertising real or personal prop- 36 erty for sale by virtue of an execution, order of attachment, or other 37 mandate, or in pursuance of a direction contained in a judgment, or for 38 a notice of postponement of a sale, [fifteen] twenty dollars. 39 2. For drawing and executing a conveyance upon a sale of real proper- 40 ty, [twenty] twenty-five dollars, to be paid by the grantee, in advance. 41 3. For attending a sale of real or personal property, [fifteen] twenty 42 dollars. 43 4. For conducting a sale of real or personal property, [fifteen] twen- 44 ty dollars. 45 5. Mileage for services covered in paragraphs three and four of this 46 subdivision provided, however, that where the services covered in such 47 paragraphs are performed at the same time and place, there shall be only 48 one mileage fee. 49 (h) Summons, subpoenas and other mandates. 50 1. For serving a summons, with or without a complaint or notice, for 51 serving a subpoena, or for serving civil process, [fifteen] twenty 52 dollars, in advance. 53 2. For serving or executing an order of arrest, or any other mandate 54 for the service or execution of which no other fee is specifically 55 prescribed by law, [forty-five] fifty-five dollars, in advance, except 56 that when a court has directed the service of an order of protection,
S. 5808--A 4 1 there shall be no fee for service of such order and of any related 2 orders or papers to be served simultaneously. 3 3. Mileage for services subject to fees under paragraphs one and two 4 of this subdivision, in advance. 5 4. For receiving a precept issued by commissioners appointed to 6 inquire concerning the incompetency of a person, the fee allowed the 7 clerk by subdivision (a) of section eight thousand twenty of this arti- 8 cle for placing a cause on the calendar, and for notifying a county 9 clerk or commissioner of jurors pursuant to such a precept, the fee, if 10 any, allowed the clerk by subdivision (c) of section eight thousand 11 twenty of this article for filing a demand for jury trial. 12 (i) Undertakings; returns; copies. 13 1. For taking any undertaking which the sheriff is authorized to take 14 [one dollar and fifty cents] two dollars, and the notary's fees to any 15 affidavit or acknowledgements. 16 2. For making a copy of a description or any inventory of property 17 levied upon by virtue of an order of attachment, or of a summons or 18 complaint, or other mandate, or an affidavit or any other paper served 19 by him or her, [ten] fifteen dollars, in advance. 20 3. For a certified copy of an execution, and of the return or satis- 21 faction thereupon, or for a certified copy of any undertaking which he 22 or she is authorized to take, [ten] fifteen dollars. 23 (j) Prisoners. 24 1. For each person committed to or discharged from prison, [ten] 25 fifteen dollars, in advance, to be paid by the person at whose instance 26 he or she is imprisoned. 27 2. For attending before an officer for the purpose of surrendering a 28 prisoner, or receiving into custody a prisoner surrendered, in exonera- 29 tion of his or her bail, [ten] fifteen dollars, for all his or her 30 services upon such a surrender or receipt. 31 (k) Jurors; view; constables' services. 32 1. For notifying jurors to attend upon a writ of inquiry, [two] three 33 dollars [and fifty cents] for each juror notified, including the making 34 and return of the inquisition, when required; and for attending a jury 35 when required in such a case, [twenty-eight] thirty dollars. 36 2. For attending a view, [ten] fifteen dollars for each day. 37 3. For any services which may be rendered by a constable, other than 38 those specifically provided for in this section, section eight thousand 39 twelve or eight thousand thirteen of this article, to the same fees as 40 are allowed by law to a constable for those services. 41 § 2. This act shall take effect on the ninetieth day after it shall 42 have become a law.