What are the Sheriff Fees for Enforcing a Judgement in New York?

by Fred Abramson on June 2, 2010 · 0 comments

If you obtain a judgment or a court order, the Sheriff is in charge for  – Enforcing Judgments & Court Orders. Listed below is information from the New York County Sheriff’s office regarding enforcement.

Property and Income Executions, Order of Attachment, Order of Seizure, et. al.
The Sheriff often works with litigants (including City agencies) who have court orders that awards them property and/or income. They are entitled to this property or income if it is not voluntarily surrendered by the other party in a court action.

Fee Schedule for Collection of Money

A service fee of five percent is charged in collection cases  from an execution or attachment. However, this is usually added to the judgment debtor’s payment, not deducted from the creditor’s award.

For example, if a judgment debtor owes $100, the five percent fee will be $5. The Sheriff will collect $105 from the debtor, so the creditor receives the full $100 to which he or she is entitled.

Property Execution

The purpose or function of the property execution is to satisfy a judgment by seizing property. In most cases the judgment will be for money owed. The Sheriff will either seize cash, personal property or real property, or conduct a public auction to convert the property to cash. Although we are essentially acting as agents for the judgment creditor in the action, our activities will be performed in a neutral, unbiased manner.  The Sheriff seizes only property the debtor has an interest in.

Property Execution Fees
Each additional defendant: $15.00

Income Execution

An income execution is an enforcement issued by the judgment creditor’s attorney as an officer of the court, or the court clerk, directing the Sheriff to satisfy a money judgment from the  debtor’s income. The debtor’s earnings and State and Federal rules for payment, calculation and regulation determine the amount of each payment. Payments may be paid, voluntarily or involuntarily, to the Sheriff through payroll deductions. Income executions, which are not paid voluntarily, are served second stage on the debtor’s employer.  In a second stage service, the proper amount of money is seized from the debtor’s pay. The employer is required to forward this specific amount to the Sheriff for application to the account.

Income Execution Fees
Debtor: $30.00
Employer: * $30.00
* If the money is not recovered from the debtor, the debtor’s employer is served, and the debtor’s salary is garnisheed.

The purpose of an attachment is to seize and encumber property, which may be used to satisfy a judgment. Personal and real property can be attached and liquidated to satisfy a money judgment.

The above process is a “provisional remedy.” Anlthough the attachment is ordered by the court, it is also pre-final judgment. Any property seized is taken into the Sheriff’s custody and held until the court orders the final disposition.

Attachment Fees
Each additional defendant: $55.00
Received and Levy: $40.00

Each Additional Levy Fee
Serve Defendant: $15.00
Mileage: $25.00

Order of Seizure
An order of seizure is used to seize specific personal property items when ownership and possession is disputed. A final judgment will usually direct the disposition of the property to a specified party,

The above process is a “provisional remedy.” Although the seizure is ordered by the court, it is also pre-final judgment. Any property seized is taken into the Sheriff’s custody and held until the court orders the final disposition.Property Seizure Fee

Additional Fees – Against Secondary Defendant or Party
Executing against additional defendant or party: $55.00
Serving an additional defendant not in possession: $15.00
Summons filed w/Order of Seizure for each defendant: $15.00

If you have a question about collecting a judgment, contact me at the Law Office of Frederic R. Abramson at 212-233-0666

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